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Full text of "The parliamentary or constitutional history of England; being a faithful account of all the most remarkable transactions in Parliament, from the earliest times. Collected from the Journals of both Houses, the records, original manuscripts, scarce speeches, and tracts; all compared withthe several contemporary writers, and connected, throughout, with the history of the times. By several hands .."

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h  >  w  S" 

,  THE  " 

PARLIAMENTARY 

OR 
CONSTITUTIONAL       I 

HiftoryofEnglandj 

*  Being  a 

FAITHFUL    ACCOUNT 

Of  all  the 

Moft   remarkable   Transactions 
In  Parliament, 


From    the    carlieft   Times, 

T  o  t  H  E 

Reftoratlon  of  King  Charles  II. 


collected 

From  the  Journals  of  both  Houses,  (he  Rbcords*! 
original  Manuscripts,  fcarcc  Speeches,  and 
Tracts;  all  compared  with  the  ftviral  Coteiu- 
porary  Writers,    and  conncfted,  throughout,  with 

*lhe  Hiftoiy  of  the  Times. 
By  Several  Hands. 
Vol.  VIIL 
From  tlie  Fourth  Year  of  King  Charles  I.  to  the 
Meetingofthe  Long  Parliament,  iViw.  3.  1640. 

LONDON, 

Printed  -J  and  fold  by  Thomas  OJlorne,  in  Gray's  Inn  ; 

AND 

iFilliamSandh,  againftSt.  BunfiansChurcbyFhetJln 
MDCCLL 


,,1  ■ 


\ 


%■• 


■  *  1 


JN 
505 
.AI5 
f  1 5 1 


I 
*   - 


1.  .- 


Parliamentary  HISTORY 
o  F 

ENGLAND. 


I 


|N  the  r4Ch  o^  April,  the  Lords  re- Aii.4-n,aiicii. 
fumed  the  grand  Dtbate  concerning  '^^S. 
the  Liberty  of  the  Subjeft  ;  whea 
the  Judges  of  the  K'mg'i  Bench  at- 
tended, according  to  an  Order  of 
the  8ih,  [o  give  an  Account  of  the 
Reafons  of  their  Judgment,  in  ihe'Cafe  of  the 
Gentlemen  impril'oned  by  the  King's  Order,  for 
refufing  the  Lojn ;  which  \.hi  Commons  had  com- 
plained of. 

'     Hereupon  the  Chief  Juftice  {u)  flood  up  and  faid,  Debit:  in  the 
I*  Thit  they  were  prepated  to  obey  their  Lorddiips"'**^'  "^vC^ 
ICommandj  butdefired  to  be  adviiej  by  them,  wbe-  of  the  SubJLa?^ 
Ither  they,  being  fworn  upon  Penalty  of  forfeiting 
IBpdy,  Lands  and  Goods  into  the  King's  Hands,  lo 
give  an  Account   to  him,  may  do  this  without 
tVVarranC  from  his  Majefty.' 
I    Hereupon  the  Duke  of  Buckingham  TaiJ,  '  Ha 
!iad  acquainted  the  King  with  the  Bufinefs,  and,  for 
Vol.  Mill.  A  ought 


u,   That  tat  awed  Chli  Advsc 
ll'iwing  Uie  Duke  of  B'lcbngiam'i  AnlWir 


".)- 


LI 


2     TIjc  Tarltamcntdry  History 

An.4.char:eii,ought  he  knoweth,  he  is  well  content  therewith': 
1628.  But,  for  better  Aflurance,  he  bad  fent  hts  Brother 
Anglefey  to  know  his-  Majefty's  PIcafure/  ^"  •  . 
The  Proceedings  To  this  the  Earl  of  Devonjbire  anfwcredt  *  If  a 
in  ihe  King's  G)mplaint  be  made  by  a  mean  Man  agiildb  fht 
Ce"r!t&  im!ereateft  Officer  in  this  Place,  he  b  to  give  aa  Ac- 

prifoned  forrcfu-COUnt  of  his  DoingS  tO  thls  Houfc.'    ■  •  .        w'. 

fingthcLcan,in.     'j'hc  Bifhop  of  Liticohi  {b)  fald,  *  This  Motkm 

quire  into.       proceeded  irom  him,  and  he  took  it  for  clear,  that  • 

there  is  an  Appeal  even  from  the  Chancery^  which 

is  a  higher  Court  than  the  King's  Bench ;  and  tbtfi 

Court  hath  ever  given  an  Account  of  their  DoitigjL^ 

The  Lord  Saye  wondered  there  (hould  beanyQic* 
flion  made  of  this  Bufinefs;  becaufe,  inhisOpioioiiy   ' 
ihisbeinp;  the  higheft  Court,  did  admit  of  no  Appeal. 

The  Lord  Prcfident  (f)  faid,  *  The  Judges  did 
not  do  this  by  way  of  Appeal,  but  as  the  nK)ft 
common  Way  for  them  ;  this  being  a  Matter  con* 
ccrning  the  King's  Prerogative.* 

To  which  the  Lord  Saye  anfwered,  *  If  they 
will  not  declare  themfelves,  we  muft  take  into 
Confideration  the  Point  of  our  Privilege.* 

The  Duke  of  Biickif/gham  replied,  *  This  was 

"net  d(;ne  by  the  Judges,  as  fearing  to  anfwer  j  but 

out  of  Kefpe^t  to  the  King:  And  now  Ms  BlTtthcr 

J//i;/f/n  was  come  with  Anfwer  from  the  Kingt 

li^ai  they  might  proceed  (^). 

Hereupon  Mr.  Juflice    WHITLOCK  fald, 

Aly  Lords, 

The  j»<igM  j!ve\^  T"^"^  arc,  by  your  Appointment,  here  ready  to 
the  Rcafons  of  y  y  clcnr  an  Afperiion  of  the  Houfe.  of  Com- 
ihr!eim°'**^"'^^    mons,  tliat  the  Suhjcdl  was  greatly  wounded  in  the 

Juf%- 

fh)  T)r.  yohnTViUiar:^^  f  rmerly  t.nr.'.- Kreper. 

(r)  The  Karl  of  A  ancht^fler,  foimcily  Lord  CJiicf  Juftke  of  th* 
Kir>^'*i  Ecr.cb. 

{(i)  The  Ace  lint  of  t^is  Drbnrc,  anl  the  Speechei  of  the  four 
Jii  ges  are  in  the  Ephenrn's  ParliiPiii-.ntJyia,  Two  of  thrm,  onlv, 
arc  in  HuJ/jnodrth  )  for  which  Dv  Na^fon  (in  the  JntroduRifm  to  bil 
VoUc^hn)  charges  him  with  great  Pnitialiry:  Tho*  there  feeai  to 
he  little  Foundation  for  thi<  CenTure,  b'»t  the  frcjulice  of  FWtVk-— ^ 
We  hn-''  chofen  to  6  »py  Sir  ^Um  Napier^  Manufci^pt,  wbldl  <a 
much  mure  corrcft, 

.     I 


QfENGLAND.       3 

Judgment  htdy  given  m  the  long's  Bench.  IfAa.^ciiirksl 
fuch  a  Thing  were,  your  Lordfhips,  not  they,  *^-- 
have  the  Power  to  queftion  and  judge  the  ianse : 
But,  D17  Lords,  I  fay  there  was  no  Judgment  gi- 
ven, whereby  either  the  Prerogative  might  be  in- 
Jamd,  or  the  Right  of  the  Subjed  trenched  upon. 
It  IS  true,  my  Lords,  in  Afukcelmas  Term  laft,  five 
Gentlemen  petitioned  for  a  Hahiui  Czrtus^  which 
diey  obtained,  and  Counfel  was  afligned  unto 
them  (i).  The  Return  was  Per  JpeciaUm  Manda^ 
turn  Dmm  Regis ;  which  likewife  was  made 
known  unto  us  under  the  Hands  of  eighteen  Privy 
CounfeUon. 

•  Now,  my  Lords,  if  we  had  delivered  them  pre* 
iently  upon  this,  it  muft  have  been,  becaufe  the 
King  did  not  (hew  Giufe ;  wherein  we  (hould  have 
judged  the  King  had  done  wrong,  and  this  is  beyond 
our  Knowledge;  for  he  might  have  committed 
them  for  other  Matters  than  we  could  have  ima- 
gined. But  they  might  fay.  They  might  have  thus 
been  kept  in  Prifon  ail  their  Days.  I  anfwer.  No, 
but  we  did  remit  them,  that  we  might  better  zd- 
vife  of  the  Matter ;  and  they  the  r.ext  Day  might 
have  had  a  new  Writ,  if  they  had  pleafed.  But 
they  fay,  We  ought  not  to  have  denied  Bail.  I 
anfwer.  If  we  had  dene  fo,  it  muft  needs  have  re- 
Hefled  upon  the  King  that  he  had  unjuftiy  impri- 
foned  them :  And  it  appears  in  /^/r,  2.  Eiizcbttk^ 
that  divers  Gentlemen  being  committed,  and  re- 
quiring Habeas  CorpuSy  fome  were  bailed,  others 
remitted ;  wherd>y  it  appears  much  is  left  to  the 
Difcretion  of  the  Judges. 

•  For  that  which  troublcth  fo  much.  Remittitur 
^umfquey  this,  my  Lords,  was  only,  as  I  laid  before, 
to  lake  Time  what  to  do  :  And  whereas  they  will 
have  a  D  ffcrence  betwixt  ren.ittitur^  and  remitti^ 
tur  qumfque^  my  Lords,  I  confefs  I  can  find  none : 

A  2  Thefc 

{e)  Sir  'fhcmst  Damel^  Sir  yobm  Hruentmgham,  Sir  Wahtr  Ejrl^ 

Sir   Eihpard  HMrfJen;  and  Sir  Jo^m  Cm  ha, ^The  fiift  mmed 

Gentlemaji,  upon  hit  being  brought  tn  the  Bar,  fp  ike  tor  kimfttlf* 
The  Coaniel  for  the  other  four  were,  Se;g«uu  Br4mfft%ik^  Mr 
A^,  Mr,  &i^ji,  and  VLu  UZe^*/*  • 


4     Tfje  Tarliamentary  Hi  st  or  y 

i^n.4.charicti.There  are  only  new  InfcntioDs  to  trouble  old 
1628.       Records. 

^  Herein,  my  Lords,  we  hare  dealt  with  Know* 
ledge  and  Underftanding  i  for  had  we  given  a  Judg* 
.  ment,  the  Pariv  mull  thereupon  have  refted ;  every 
Judgment  muft  come  to  an  Ifllie,  in  Matter  oi 
F^d,  or  Demur  in  Point  of  Law  \  here  is  neither^ 
therefore  no  Judgment. 

^  As  for  endeavouring  to  have  a  Judgment  enter «• 
ed :  It  is  true  Mr.  Attorney  prefled  the  fame  for 
his  Mailer's  Service ;  but  we,  being  fworn  to  do 
Right  betwixt  the  King  and  his  Subjeds,  com** 
flianded  the  Clerk  to  maice  no  Enn-y,  but  accord- 
ing to  the  old  Form  1  and  the  Rule  was  given  by 
the  Chief  Juftice  alone. 

*  1  have  fpent  my  Time  in  this  Court,  and,  I 
fpeak  confidently,  I  did  never  fee  rtor  know,  by 
any  Record,  that,  upon  fuch  a  Return  as  this,  a 
Man  was  bailed  ;  the  King  not  being  firft  confultcd 
with,  in  fuch  a  Cafe  as  this. 

*  The  Houfe  of  Commons  do  not  know  what 
Letters  and  Commands  we  receive ;  for  thefe  re- 
niain  in  our  Court,  and  were  not  viewed  by  them  : 
And  fur  the  reft  of  the  Matters,  prefented  by  the 
Houfe  of  Commons,  they  were  not  in  Agitation 
hefofe  us,  JVhcther  the  King  may  commit ;  and  bow 
long  he  may  detain  a-  Man  committed.  Therefore, 
having  anfwered  fo  much  as  concerneth  us,  I  de* 
fire  your  Lordfhips  good  Conftruftion  of  what  hath 
been  iaid/ 

Mr.  Jujlice   JONES. 

My  LordSy 

WE  are  here  to  deliver,  before  your  Lord- 
fhips,  what  Judgment  was  given  by  us 
concerning  the  Habeas  Corpus ;  to  which  I  anfwer, 
No  Judgment  was  given  ;  and  the  Matter  of  Fa6t 
was  fuch  as  my  Biorher  hath  already  delivered  un- 
to you.  Thefe  Gentlemen  were  committed  to 
the  FUets  the  Gate- Houfe y  and  to  the  Marjhall  of 
ihe;  Kin^s  Houfhold :  Returns  were  made  upon 
^  the 


Parliamentary  HISTORY 


ENGLAND. 


I 


|N  the  i+th  of  Jpril,  the  Lords  re-  Afl.4-  rharlesl. 
fumed  the  grand  Debate  concerning 
the  Liberty  of  the  Subjeft  ;  whea 
the  Judges  of  the  Kind's  Bench  at- 
tended, according  to  an  Order  of 
the  8th,  to  give  an  Accoiint  of  ihe 


Rcafons  of  their  Judgment,  in   the  Cafe  of  the 
Gentlemen  imprifoned  by  the  King's  Order,  for  ' 
refuling  the  Loan  j  wliich  itK  Commons  had  com 
plained  of. 

Hereupon  the  Chief  Juftice  (dj  flood  up  and  faid,  XiA^t  in  ihe 
Thit  they  were  prepared  to  obey  their  LordiTiips "'•'^^"  ''**,.^"^' 
Command;  buldefired  tobeadvifedby  them,  whe-Qf 
Iher  they,  being  fworn  upon  PenaUy  of  forfeiting 
Bpdy,  Land?  and  Goods  into  the  King's  Hands,  to 
give  an  Account   to  him,  may  do  this  withouC 
IWarrant  from  his  Majefty.* 

Hereupon  the  Duke  of  Buckingham  fiiJ,  '  H« 

!iid  acquainted  the  King  with  the  BufiriEfs,  and,  for 

Vol.  VilL  A  ought 


ilfb  Crem,  for  tefaCmt  lo  futw.nl  ihe  Loin.) —lUJb'-M'lt  lelli 
.,   That  be  cwed  ihii  Advancement  lo  hii  be;ng  eLi:pUy<  ' 
iwing  tlie  Dulce  of  Buchng'.nis')  AnlWc]   lu  die  Impucli 


6     TbeTarl'tamentary  Histobly 

Aa.4.Ch«itil.that  Houfe  ftill  which  they  did.     I  do  not,  now, 

i6i8.      mean  to  draw  down  God's  Wrath  upon  my  Pofte- 

riiy;   and  therefore  I  will  neither  advance  the 

»  King's.  Prerogative,  nor  leflen  the  Liberty  of  the 

Subjeit,  to  the  Danger  of  either  King  or  People. 
This  is  my  Profeflion  before  God  and  your  Lord- 
Ihips. 


i 


Mr.  JuftUe  DODDERIDGE. 


My  Lards, 

IT  is  no  more  fit  for  a  fudge  to  decline  to  give 
an  Account  of  his  Doings,  than  for  a  Chriftian 
ofliisFdith.  God  linoweih,  I  have  endeavoured 
always  to  keep  a  good  Confcience ;  for  a  troubled 
one,  who  can  beaiP  The  King  holds  of  none 
but  God ;  and  Judgments  do  not  pafs  privately  in 
Chambers,  but  publickly  in  Court,  where  every  one 
may  hear ;  which  caufcth  Judgment  to  be  given 
with  Maturity. 

'  Your  Lordfliips  have  heard  the  Particulars  de- 
Tivered  by  my  Brethren.  How  that  Counfel  being 
alTigned  to  four  of  tliefe  Gentlemen,  in  the  latter 
End  of  Michaelmas  Term,  their  Caufe  received-a. 
Hearing;  and,  upon  Coniideration  of  the  Statutes 
and  Records,  we  found  fome  of  them  to  be  accord- 
ing to  the  good  old  Law  of  Magna  Charta  ;  but 
we  thought  that  they  did  not  come  fo  clore  to  this 
Cafe,  as  thatBail  ihouid  be  thereupon,  prefently. 


'  My  Lords,  the  Habeas  Curpus  confifteth  of 
three  Parts,  the  Writ ;  the  Return  upon  the  Writ 
or  Schedule ;  and  the  Entry  or  Rule  reciting  the 
Habeas  Corpus:  And  on  the  Return  together  with 
the  Opinion  of  the  Couri,  either  a  Rtmittilttr,  or 
Tradiiur  in  Ballium  is  granted,  [n  this  Cafe  a 
Rimitiltur  was  granted;  which  we  did,  that  we 
might  take  belter  Advifement  upon  (he  Cafe :  And 
upon  the  Rimittiiur,  my  Lords,  ihcy  might  have 
had  a  new  Writ  the  next  Djy;  and  I  wifli  they 
had;  becaufe,  it  may  be,  they  had  Teen  more,  and 
wc  had  b:en  eafed  of  a  great  Labour,  And,  my 
Lords 


ey    E  N  G  L  A  N  D.        7 

Lords,  when  the  Attorney,  upon  the  Remittitur^  An, ^,ch%Y\t%\, 
prcfled  an  Entry,  we.  all  ftraitly  charged  the  Clerk  '^*^' 
th^t  he  {hould  make  no  other  Entry  than  fuch  as  our 
Pi'edeceflbrs  had  ufually  made,  in  like  Cafes :  As 
for  any  Difference,  my  Lords,  betwixt  Remittitur 
and  Remittitur  quoufque^  I  could  never  yet  find  any. 
*  I  have  now  fat  in  this  Coiirt  fifteen  Years,  and 
I  fhould  know  fomething  :  Surely  if  I  had  gone  in 
a  Mill  fo  long,  Duft  would  cleave  to  my  Cloaths. 
I  am  old,  and  have  one  Foot  in  the  Grave,  there- 
fore I  will  look  to  the  better  Part  as  near  as  I.  can. 
But  omnia  habere  in  Memoria^  et  in  nullo  errare^ 
divinum  potius  ejl  quam  humanum. 

ThehOKD  CHIEF  JUSTICE. 

My  Lordsj 

I  Shall  not  fpeak  with  Confidence,  unlefs  I  might 
Hand  right  in  the  Opinion  of  the  Houfe.  I 
proteft  what  I  fpake  before  was  not  faid,  by  me,  with 
any  Purpofe  to  trench  upon  ihe  Privileges  of  this 
Houfe ;  but  out  of  that  Refpeft  which,  by  my 
Place,  I  thought  I  owed  to  the  King.  Concern- 
ing the  Point,  now  to  be  fpoken  to,  I  (hail  not 
trouble!  your  Lordfhips  with  Things  already  repeat- 
ed, wherein  I  concurred  with  my  Brethren.  If  it 
were  true,  the  King  might  not  commit,  we  did 
wrong  in  not  prefently  delivering ;  for,  my  Lords, 
thefe  Statutes  and  good  Laws  being  all  in  Force, 
we  meant  not  to  trench  upon  any  of  them  ;  moft 
of  them  being  Commentaries  upon  Magna  Charta: 
But  1  know  not  any  Statute  that  goeth  fo  far,  that 
the  King  may  not  commit.  Therefore  juftly,  we 
think,  we  delivered  the  Interpretation  thereof  to 
that  Purpofe :  For,  my  Lords,  Le:c  Terra  is  not 
to  be  found  in  this  Statute  ;  they  gave  me  no  Ex- 
"afnple,  neither  was  there  any  Caufe  (hewed  in  the 
i^etuFn.  A  Precedent,  my  Lords,  that  hath  run 
in  a  Scorm,  doth  not  much  direft  us  in  point  of 
Law  ;  and  Records  are  the  beft  Teftimonies. 
Thefe  Precedents,  which  they  brought,  being  read, 
we  (hewed  them  wherein  they  were  miilakcn.     If 

we 


S     The  Tar liameatary  Unroot 

Aa.  4  Cliatlci  I,  we  have  erred,  crravimus  cum  Patribut ;  and  they 
1618.  can  fliew  no  Precedent,  but  that  our  PredeceETore 
have  done  as  we  have  done  ;  rometimes  bailing, 
fomeiimes  remitting,  fomeumes  difchar^ng.  Yet 
we  do  never  bail  any  commilicd  by  the  King,  or 
his  Council,  till  his  Pleafijre  be  firll  known:  And 
thus  did  the  Lord  Chief  Juftice  Coke  in  Raynard's 
Cafe.  They  fay.  This  would  have  been  done,  if 
the  King  had  not  written ;  but  why  then  was  the 
Letter  read,  and  publilhed,  and  kept  i  and  why 
W3S  the  Town-Clerk  fent  carefully  to  inquire  (be- 
caufe  the  Letter  fo  direfled)  whether  thefc  Men 
offered  for  Bjil  were  Subfidy-Men  f  The  Letter 
ihewetb  alfo  ihnBukwith  was  committed  forSuf- 
picion  of  being  acquainted  with  the  Gunpowder- 
TreaCoti ;  but,  no  Proof  being  produced,  the  King 
left  him  to  be  bailed.' 

The  Judges  having  ended  (cj,  the  Lords  ad- 
journed to~the  i7lh  :  On  which  Day  the  Matter 
was  argued,  very  folemnly,  at  a  Conference  be- 
tween the  two  Houfes,  by  the  Attorney  General 
and  the  King's  Counfel  on  one  Side,  and  a  feleft 
Committee  of  the  Houfe  of  Commons  on  the  o- 
'  ther.     Ru/hworth  has  omitted  this  fecond  Confe- 

rence; but,  as  it  is  a  Matter  of  i&  great  Confe- 
quence  as  any  thing  yet  met  with  in  Ihefe  Enqui- 
•  ries,  we  (ball  give  it  at  Length,  from  the  Autho- 

rity of  the  Lcrdi  Jmrnals. 

Die  SMati,  ig.  Die  Aprilis,  162S. 

7bc  Lord-Keeper'j  (f)  Retort  cf  the  firjl 
ARrpcrtrfa  Part  of  tte  CONFERENCE  bdwien  iks  Lords 
fecond  confe-  fl»^  Ctimmons,  fl«  Thurfday  ri;r  t-jih  of  h^-.iX, 
ha^ul^^'car..     ttsctrning  the  LIBERTY  of  the  Subject. 

liMiy  of  the  Sub-    A  T  '^'^  Conference   Mr.  Attorney  declarV, 

J^  m\    '  That  as,  by  Commandment  of  the  Lords, 

himftlf,  and  his  Fellows  of  the  learned  Counfel,  ad- 

VI  fed 

rO  An  Older  vai  tntic  thit  thefe  SoHrhrs  b(  rhi  InAm 
(fj  'IZmwi  Urd  Ctviturj. 


P        0/    E  N  G  L  A  N  D.        p 

vifed  together,  and  by  him  had  declared  in  thisAa 
Houfe  whit  was  conceived  tilting ;  fo,  upon  a  new 
Commandment,  they  had  again  advifed  and  con- 
ferred ;  fliewing,  at  this  Conference,  the  Effeft  of 
what  was  delivered  in  the  Houfe  ;  which,  in  SuS- 
(tance,  refted  upon  ihefe  Paris. 

1.  '  The  State  of  the  Qyeftion. 

2.  '  Adb  of  Parliamentj  and  parliamentary  Pro- 
ceedings. 

3.  '  Precedenis. 

4.  '  Refolutions  of  former  Times. 

5.  '  Some  Reafons  offered  to  maintain  this  Side, 
and  weaken  the  other. 

'  In  thcfe,  by  their  Advice,  he  refolved  not  to 
pafs  from  Point  to  Point ;  but,  according  to  the 
Time  and  Dccafion,  to  touch  fome  Parts  fumma- 
tily,  and  to  infill  chiefly  upon  one,  viz-  The  Pre- 
cedents for  the  parliamentary  Proceedings.  He 
agreed,  That  the  great  Charter,  upon  which  the 
Liberty  of  the  free  Subjedis  of  this  Kingdom  is 
grounded,  is  in  force  ;  and  that,  in  former  Times, 
Occafions  were  often  given  to  the  Subject  to  prefs 
it  to  be  confirmed ;  and  thai  the  Commons  did 
iiily  and  worthily  to  maintain  the  Liberties  and 
Privileges  left  unto  ihem  by  their  Anceftors. 

Hedid'alfoacknowledge,  '  That  this  Charterdld 
extend  to  the  King,  rather  than  the  Subjeift ;  and 
that  the 'fubfequeni  Statutes,  fix  in  Number,  ftard 
in  force  -,  but  the  Difference  and  Doubt  refted  in 
the  Interpretation  and  Application  of  the  Statute: 
For  the  Words  of  Magna  Charia  are  general  j  that 
it  did  not  reftrain  the  KingfromimpriloningaSub- 
jeft  ;  but  with  this  Cbufe,  Nifi per  legale  Judicium 
Barium  fuomm,  vel  per  Legem  Teme:  And  how 
fer  Lex  Jerra  extends,  is,  and  ever  wat  the  Qiief- 
lion.  Of  the  fubfeq'Jent  Statutes,  fotne  c-intirm 
Mdgna  Charta  in  totidem  Ferbii ;  and  thercfori:  de- 
cide not  the  Queftion,  but  leave  it  as  they  found  it ; 
fo  that  to  ground  any  Arguments  on  ihrm  will  he 
but  Ptiim  Priricipii ;  and  the  others  concern  not 
the  Quellion  now  in  hand,  but  were  made  for  Re- 
drels  of  Inconveniences  liappening  to  ihe  Subjects, 
by 


lo    7be  Parliamentary Histoa y 

Iik4'/Gli»ksi.by  theSuggeftkm  or  laformation  of- Parties  ^  but 
'^^       this  be  fubmitted  to  the  Houfe. 

*  la  the  Court  of  King's  BeDch  the  Judges  did 
not  meddle  with  the  Statutes,  but  did  ground  tbetn* 
felves  upon  Refolutions  and  Precedents ;  which  he 
would  now  repeat,  and  leave  the  Difference  to  bpth 
Houfes.  We  have  diredted  the  Records  to  be  here ; 
and  if  it  (ball  feem  good  to  your  Lordfhips,  and 
the  Gentlemen  of  the  Commons,  we  defire  that 
we  may  read  or  open  what  is  in  the  Declaration  of 
the  Commons  touching  each  Record ;  and  then 
read  the  Record  itfelf,  and  open  what  we  have  to 
fay  therein. 

«  The  firft  Precedent  is,  That  John  Biddlejton^ 
a  Clergyman,  by  a  Writ  under  the  Great  Seal,  was 
committed  to  the  Tower^  with  Commandment  to 
keep  him  fafely,  donee  aliter  a  Nobis  habuerltis  in 
Mandatii.  From  the  Tower  he  was  brought  to 
the  King*s  Bench^  and  committed  to  the-Marfhal. 
And  the  Lieutenant  afked  him.  If  he  had  any  other 
Caufe  againft  him  ?  who  faid.  No ;  but  the  King's 
Writ  only  :  Ei  quia  videtur  Curia  per  Breve  pr a- 
di^.  quod  nott  eft  fufficiens  Caufa^  i^c.  ideo  he  was 
bailed. 

To  thb  he  anfwered,  *  i/?.  That  this  Writ  bears 
Date  in  March^  16,  Edward  111.  and  commands 
to  receive  John  Biddlejion  from  the  Sheriffs  of  Lon* 
don9  to  whom  he  was  formerly  committed  in  the 
Writ :  And  as  there  is  neither  general  nor  fpecial 
Caufe,  nor  yet  any  Mention  upon  what  Warrant 
or  Command  he  was  committed  to  the  SlierifFs  of 
London  j  fo  it  is  true,  that  dimittitur  pur  Manucap- 
tionem :  And  thus  far  it  feems  to  make  for  the  other 
Side.  But,  faid  Mr.  Attorney,  it  appears  that  this 
Writ  was  not  an  original  Commitment ;  but  a 
transferring  and  removing  of  the  Piifoner  from  one 
Cuftody  to  another^ 

^dly^  *  It  appears  he  lay  two  Years  in  the.T^«^/r, 
viz,  from  16,  Edward  III.  till  18.  Edward  III. 
before  he  came  to  the  King's  Bench. 

'^dly^  *  It  appears,  in  another  Part  of  the  fame 
Record,  That  the  Caufe  of  Commitaient  was  fojr 

Suf. 


0/    E  N  G  L  A  N  D.      ii 

Sufpicionof  counterfeiting  the  Great  Seal;  and  heAo.4  Chulai; 

was  brought  to  the  King'i  Bench  for  that  Caufc : 
For  being  bailed,  and,  at  the  Day,  coining  in  ujxjn 
his  Bail,  there  came  another  Writ  to  the  Jufticcs, 
whichMr-  Attorney  read  out  of  the  Recordi  which 
recited.  That  the  King  had  caufed  him  to  b;  brought 
to  the  King's  Bimh,  for  Sufpicion  of  counterfeiting 
the  GrcatSeal,  qusufqae  per  quondam  lafoTinatisnem 
pitnius  informemur.  And  becaufe  the  Informer 
came  not,  the  Writ  commands  the  Judges,  that  if 
he  came  not  by  quind.  then  Ahemuram  ejus  non  ex- 
peilore,  but  proceed  according  10  Law:  So  that, 
aliho'  in  a  Record  fo  anrient,  it  is  difficult  10  find 
out  all  materia)  Parts,  yet,  by  ihis  Writ,  the  Caufe 
of  ihe  Commitment  appears ;  and  when  the  Caufe 
appears,  and  is  fuch  whereupon  the  King's  Bench 
may  proceed,  they  mufl  go  on  according  to  Juftice. 
'  It  appears  by  this  Writ,  that  he  was  commit- 
ted upon  the  Suggeftion  of  an  Informer  ;  and  ob- 
ferve  the  Time  J  for  it  feems  that  about  j.£rfw.  III. 
and  forward,  thefe  Informers  began  to  be  too  fre- 
(juent ;  and  therefore  Care  was  taken  to  relieve  the 
Subjeflagainftthofe Inconveniences;  which, grow- 
ing more  and  more,  were  after  complained  of  in 
Pjrliamcnt.' 

Here  Mr.  Attorney  (laid;  and,  after  a  little  Paufe, 
upon  felling  whelhcr  the  Lower  Houfe  would  an- 
swer particularly  to  each  Precedent,  or  take  all  10- 
gpiher,  Sir  Edv,ard  Cske  began  thus : 

*  Your  Lordfhips  have  well  perceived  how  fair- 
ly, and  with  what  RefpeCt,  we  have  dealt  with  your 
Lordfhips,  and  everflia!!.  We  brought  up  unto 
you  what  we  had  rcfolved  ;  and  not  only  that,  but 
the  Caufe  and  Grounds  of  our  Refolutions,  and  all 
our  Records ;  the  like  whereof  was  never  done  in 
Parliament.'  And  we  are  to  maintain  what  we  did. 
The  natural  and  the  politic  Body  have  a  great  Rc- 
femblanceand  Proportion  :  And  as  the  natural  Body 
hath  Symptoms  of  good  or  evil  Hcallb,  fo  we  hold  it 
«  good  Symptom  for  us,  that  Mr,  Auorncy  was  fo 
long 


I 


1 2    The  Parliamentary  History 

"'■long  and  fo  loth  lo  come  to  it.  My  Lords,  we 
Will  break  Order,  raiher  than  defer  the  BuGnefs. 
This  Coaference  is  batween  ilie  two  Houfes.  Mr. 
Attorney  is  no  Member  of  your  Houfc :  He  attcncj* 
you;  but  his  Voice  is  with  U3:  Yet  we  aiefo  willing 
to  proceed,  that  we  will  lake  roHold  of  Threads; 
Let  him  (ay  what  he  can,  but  we  will  allow  htm  no 
Voice  here,  where  he  ought  not  lo  fpeak.  We  hava 
diltgatam  PateftaWn,  lanium  permijj'nm,  quantum 
ttmmijjam ;  and  therefore,  for  all  new  Matter  of 
this  Conference,  we  come  with  Ears,  not  with 
Tongues.  Vox  the  Refolutions  of  the  Judges, 
wc  are  glad  of  them  ;  and  we  aie  rcnfident  ne- 
ver a  Ju<ige  in  England  will  be  agamft-  what  wc 
have  refolved.  We  can  fay  nothing  to  it ;  it  it 
new  Matter ;  but  we  will  report  it  faithfully  to 
our  Koufe- 

'  ^lintiiian,  a  notable  Rhetorician,  (for  fo  he 
was  indeed,  and  taught  the  Rules  beft)  f^ks  of 
Simulatii.  It  is  a  Figure  of  Rhetoric  ;  and,  fey* 
he,  Simulstig  prixedit  ut  quod  dictnda  refutare  nan 
paffimui,  id  lanqiiam  faflidiiiida  cakitremus.  Me- 
ihinks  Mr.  Attorney  has  made  Ufc  of  this  Simu- 
Idtis,  and  hath  flighted  the  Afts  of  Parhament  j  and 
therefore  we  delire  they  may  be  read.' 

Here  being  told  by  the  Lord-Keeper,  That  the 
Aits  of  Parliament  were  well  known,  and  had  been 
all  read  in  our  Hoofe,  he  replied,  'I  cannot  tell, 
mjtle  quid  Entrgia  habeat  viva  Vox:  Alas !  Liifia 
ectidit,  Spiritus  autim  vivijicat.  To  flight  thefe,  is 
tanquam  fajlidienda  caldtrare :'  And  fo  preflet)  on 
that  the  A£ls  of  Parliament  might  be  read  and 
opened. 

And  thereupwi  began  Mr.  LiitleUn.  *  It  is  agreed 
by  Mr.  Attorney,  and  relblved  by  the  Judges, 
That  the  Aits  of  Parliament  are  all  in  Force  ;  and 
that  the  Statute  of  M/igva  Charta  concerns  the 
King  as  well  as  the  Subj^tt ;  nay,  the  King  raihcf 
thjn  ihe  Subjett;  'the  Expofition  makes  all  :hc 
Matter ;  ^nd  chiefly  of  thcfe  Words,  Legem  Terrx  i 
whichj  if  ihey  bear  not  the  ExpoliiJon  which  wc 
have 


0/    £  N  G  L  A  N  D.      13 

I  &VC  given  them,  I  would  gladly  have  beard  from  a 

f[r.  Atlorney  another  Expofition.  I  will  prove  our 
xpoDuon  by  Rejfon  :  For  if  thofe  Words,  Legem 
I  '^erra,  fiiould  be  extended  to  the  general  Law  of 
_  The  Land,  then  it  Ihould  extend  to  Villains ;  who, 
f  the  Law  of  the  Land,  may  be  imprifoned  by 
„ieir   Lords  wiihout  any  Caufe ;  but  fo  cannot 
F  freemen.     But  I  need  not  infift  upon  Reafon,  the 
I  Jlxpofition  is   fo  dear  by  the  enfuirg  Statutes.* 
And  reading  the  Words  of  the  Statute  of  z^.EJ- 
_  ivard  IIL  '  By  this  it  appears,  that  what  in  Ma^- 
Xtf  Cbarta  is  cilted  Lex  Terris,  in  the  Statute  of 
78.  Edward   in.  is  called    Prccefi    cf  the   Law. 
I   :^d  where  Mr.  Attorney  laid  the  Words  were  ge- 
.■  nera!,  they  arc  as  exprefs  as  any  Man  can  pen  them 
[^  In  this  Age.     And  where  he  faid,That  the  cnfuing 
Statutes  extend  to  Imprifonment,  upon  Suggeftion 

8'  i  Parties.    It  is  equal  whether  ihe  King  do  it  of 
imfeif,  or  by  Supgeftion  of  others:   But  Kings 
I  ISIdotn   do  thofe  Things  merely  of  themfelves ; 
L^it  as  Things  proceeding  from  iomt  Man's  Sug- 
'^ftion.' 

Then  reading  the  Statute  of  5.  Edward  III.  he 
r'fiid,  *  None  would  doubt  h\ii  At! aching  in  that 
I  Statute,  was  attaching  the  Body.'  And  reading 
f  the  Statute  of  ;8.  EdwardWl.  without  any  fpe- 
\  fcial  Inference  upon  it,  he  read  36.  Edward  IIL 

The  Lord-President*!  Report  cf  the  feesnd 
Part  of  the  Conference. 

-'1k^R.Z.(«/(f««  read  divers  of  the  Statules,  which 
J_VJ_  he  ciled  in  the  former  Conference,  which 
v?as  reported  here  on  the  Sih  Day  of  Apiil,  and 
made  the  fame  Inferences  therefrom  ;  {g)  and  Mr. 
Attorney  delivered  another  Anfwer  unto  ihc  fame 
than  wfinc  he  hid  formerly  made  ;  which  he  left 
to  the  Judgment  of  the  Lords- 
Then  Mr.  Attorney  made  his  Objeflions  to  the 
Precedents,  a'.ledged  by  Mr.  SthUn  on  behalf  of 
t!ie 

,,-ft'.^  Sfc  Vol.  vir.  f.  411- 


I 


I 


1 4    The  Tarliamentafy  Hi  8  TO  r  r 

•.4.Q)trlet!.  the  Commons }  and  Mr.  SeldAi  gave  feveral  An- 
j6iS.       {^fftx^  unto  the  fame  in  this  Manner : 

To  the  firft  of  the  twelve  Precedents,  produced 
by  the  Commons,  to  prove  their  Refolutions,  in  the 
Ofe  o^John  Biddlejion^  Pajcb.  Ann9 18.  Edw.  HI. 
Rot.  33.  i?^;^. 

To  this  Mr.  Attorney /ry?  objeflcd,  «  That  in 
the  Return  of  him  into  the  Court,  it  did  not  appear 
th2kt  this  Biddlejlon  Was .  committed  by  the  King's 
Command :  And,  Jecondly^  That  in  the  Record  it 
did  appear  alfo,  that  he  had  been  committed  for 
Sufpicion  of  counrerfeiting  the  Great  Seal;  and  fo, 
by  ConTequence,  was  bailable  in  the  Law,  in  regard 
there  appeared  Caufe  why  he  was  committed. 
And  he  faid.  That  this  Part  of  the  Record,  by  which 
it  appeared  he  had  been  committed  for  this  Sufpicion, 
was  not  obferved  to  the  Lords  in  the  Argument  of 
the  Commons  before  ufed.  And  he  (hewed  alfo  to 
the  Lords  that  there  were  three  feveral  Kinds  of 
Records,  by  which  the  full  Truth  of  every  A- 
ward  or  Bailing,  upon  a  Habeoi  Corpus^  is  known. 
1/?,  The  Remembrance- Roll,  wherein  the  Award 
J5  given,  idlyy  7  he  File  of  the  Writ,  and  the  Re- 
turn. And  3#,  The  Scrute-Roll,  or  Scrute-File, 
wherein  the  Bail  is  entered  ;  and  that  only  the  Re- 
membrance-Roll of  this  Cafe  was  to  be  found ; 
iand  that  if  the  other  two  were  extant,  he  doubted 
not  but  that  it  would  appear  alfo  upon  the  Return 
iifelf,  that  the  Caufe  of  the  Commitment  had  been 
expreffed.'  And  fo  he  concluded.  That  this  pro- 
ved not  for  the  Refolution  of  the  Houfe  of  Cotn- 
mons,  touching  the  Manner  of  Bail,  where  a  Pri- 
foner  was  committed  by  the  King's  fpecial  Com- 
mand, wuhout  Caufe  fhewed. 

To  thefe  Objeftions  Mr.  Selden  replied  thus : 
\ft%  *  That  it  was  plain  that  Biddlejion  was  com- 
Ipitied  by  the  King's  exprefs  Command ;  for  fo  are 
the  very  Words  in  the  Writ  to  the  Conllable  of 
|he  lower ^  quod  eum  teneri  y  cujiodiri  Jacias^  fcfr. 
thiin  which  nothing  can  more  fully  exprefs  a  Com- 
miimcnt  by  the  King's  Command. 


0/    E  N  G  L  A  N  D.      i  j 

2dlyf  *  Howfoever  it  be  true,  that  in  the  latter  Afl.4.chtriei 
Part  of  the  Record  it  ipes  appear.  That  Biddlejlon  **••• 
had  been  committed  for  iheSufpicion  of  Treafon; 
yet,  if  the  Times  of  the  Proceeding?,  exprefled  in  • 
the  Record,  were  obferved,  it  would  be  plain.  That 
the  Objedion  was  of  no  Force:  For  this  one 
Ground,  both  in  this  Cafe,  and  all  the  reft,  is  in- 
fallible, and  never  to  be  doubled  of  in  the  Law, 
That  the  Juftices  of  every  G)urt  adjudge  of  the 
Force  or  Strength  of  a  Return  out  of  the  Body  of 
itfelfonly,  and  according  as  it  therein  appears  to 
them. 
,  vNow  in  Eajler  "term  i8.  Edward  III.  he 
was  returned  and  brought  before  them  as  com- 
mitted only  by  that  Writ,  wherein  no  Caufe  is 
exprefled  ;  and  the  Lieutenant  or  the  Conft^ble  of 
the  Tower  of  London^  that  brought  him  into  the 
Court  fays.  That  he  had  no  other  Warrant  to  de- 
tain him,  Nifi  Breve  pradi£lum^  wherein  there  was 
iio  Mention  of  any  Caufe  \  and  the  Court,  there- 
upon, adjudged,  that  Breve  pradiSium^  or,  that 
fpecial  Command,  was  not  fufEcient  Caufe  to  de- 
tain him  in  Prifon:  And,  thereupon,  he  is,  bjr 
Judgment  of  the  Court  in  Eajier  Terfn^  let  to 
Main-prize. 

'  But  that  Part  of  the  Record,  wherein  it  ap- v. 
pears  that  he  had  indeed  been  committed  for  Sufpi- 
cion  of  Treafon,  is  of  Trinity  Term  following ;  when 
tlie  King,  after  the  letting  to  Main-prize,  fent  to 
the  Judges  that  they  {hould  difcharge  his  Main-prize, 
becaufe  no  Man  profecuted  him.  And  at  that 
Time  it  appears,  but  not  before,  that  he  had  been 
in  for  Sufpicion  of  Treafon ;  fo  that  he  was  re- 
turned to  ftand  committed  by  the  .King's  fpecial 
Command  only  ;  without  Caufe  (hewed  in  Ea/ier 
Term  ;  and  then,  by  Judgment  of  the  Court,  let  to 
Mainprize;  which,  to  the  prefent  Purpofe,  isbat  the 
fame  with  Bail>  though  otherwife  it  differ.  And, 
in  the  Term  following,  upon  another  Occafion, 
the  Court  knew  liiat  he  had  been  connmitted  for 
Sufpicion  of  Treafon  i  which  hath  no  Relation  at 
'  all 


^^T         16    T/jeT^r/hfaentary  HisroKJ 

Aa. 4- ChHln 1. 3II  w  tl5e  lelling  of  tiim  to  MiinprJze,  nor  to  th«. 
161B.        Judgment  of  the  Coiir:,  before  given ;  when  they 
did  not,  nor  couiJ  rot  polliljly  know  any  Caufc 
for  which  the  King  had  committed  him. 

*  And  Mt  Selden  (z\d,  in  Behalf  of  the  Houfe  of 
Commons,  That  they  had  not,  indeed,  in  their 
Argument,  exprefsly  ufed  this  latler  Part  of  the 
Record  of  Btddif/la/t'sCak,  becaufe  it  being  only 
of  Trinity  Term  following,  it  could  not  concern 
the  Reafon  of  an  Award  given  by  the  Court  in 
Eajier  Term  next  before.  Yet,  notwiihftanding, 
ihat,  they  had  moft  faiihfully,  at  the  Time  of  their 
Argument,  delivered  in  to  the  Lords  a  perfect  Co- 
py, at  large,  of  the  whole  Record  of  this  Cafe : 
As  ihey  had  donealfo  of  all  other  Precedents  what- 
foevft  cited  by  them.  And,  as  touching  thofe  three 
Kinds  of  Record,  the  Remembrance  Roll,  the  Re- 
turn and  File  of  the  Writs  and  the  Scrute ;  Mr. 
ISelden  anfwered,  that  it  was  true  that  the  Scrute 
and  Return  of  this  Cafe  of  Biddkjlon  was  not  to  be 
found ;  but  that  it  did  not  leffen  the  Weight  of  the 
Precedent,  becaufe  always  in  the  Award  or  Judg- 
ment drawn  up  in  the  Remembrance  Roll,  the 
Caufe,  whatfoever  it  be,  when  any  is  Diewcd  up- 
on the  Return,  is  always  txpreffed  :  As  it  appears 
clearly  by  the  conflant  Entries  of  the  Court  of 
King's  Bench.  So  that  if  any  Caufe  had  appeared 
■  to  the  Couttj  it  muft  have  appeared  plainly  in  that 

Part  of  the  Roll  which  belongs  to  Eajler  Term  j 
wherein  the  Judgment  was  given.  But  the  Re- 
turn of  the  Commitment,  by  the  King's  Com- 
mand, without  Caufe  (hewed  ;  and  the  jLidgraent 
of  Court,  that  the  Ptifoner  was  to  be  let  to  Main- 
prize  ;  appears  therein  only :  Therefore,  not- 
^^-.  withftanding  any  Ohjeftion  made  by  Mr.  Attor- 

^^^L  ney,  Mr.  Sdden  afBtmed  this  Cafe  to  be  a  clear 

^^^V>         Proof,  amongft  many  others,  touching  that  Refo- 
^^^p  lution  of  the  Huufe  of  Commons.' 

To  the  fecond  of  thefe  twelve,  which  wasPar- 
iffr'a  Cafe  iij  22,  Benry  VIIL  Rsl.  37.  Mr.  At- 
lorjiey'a- 


0/    E  N  G  L  A  N  D.       17 

tt5i"ncy's  ObjeSions  were  two;  Firliy  *  That  it An.4.charlc$f. 
is  true,  that  he  was  returned  to  be  committed  per  '^*^' 
Mandatum  Domini  Regis  j  but  that  it  appeared  that 
this  Command  was  certified  to  the  Sheriffs  of  Lon^ 
don  by  one  Robert  Pecks^  Gent.  And  that  in  re* 
gard  the  Command  came  no  other  wife,  the  Re- 
turn was  held  infufficient :  Arid  therefore  he  Was 
bailed.  Secondly^  That  it  appears  alfo  in  the  Re- 
cord, that  he  was  committed  pro  Sufpicione  Felo-^ 
niay  ac  per  Mandatum  Domini  Regis ;  fo  that  in 
regard  that,  in  the  Expreffion  of  the  Caufes  of  this 
Commitment,  Sufpicion  of  Felony  precedes  the 
Command  of  the  King :  Therefore,  it  mud  be  in- 
tended that  the  Court  took  the  Caufe,  why  the  King 
committed  him,  to  be  of  lefs  Moment  than  Felo- 
ny ;  and  therefore  bailed  him.  For  he  objected* 
that  even  the  Houfe  of  Commons  themfelves,  iri 
fome  Arguments  ufed  by  them,  touching  the  In- 
terpretation of  the  Statute  of  Wi/lminjler  the  frjf^ 
Chapter  15.  about  this  Point,  had  confirmed  that» 
in  Enumeration  of  Particulars,  thofe  of  greatelt 
Nature  were  firft  mentioned  ;  and  it  was  fuppofed, 
that  fuch  as  followed  are,  ufually,  of  lefs  Nature  of 
Moment. 

Mr.  SeldeH  replied  to  the  firft  Objefliori,  «  That 
tile  Addition  of  the  certifying  the  King*s  Com- 
mand, by  Robert  Pecks^  altered  'not  the  Cafe. 
Pirji,  Becaufe  the  Sheriffs,  in  their  Return,  took 
Notice  pf  the  Command,  as  what  they  were 
affured  of  j  and  thdn,  howfoever  it  came  to 
them,  it  was  of  equal  Force,  as  if  it  had  been  men- 
tioned without  Reference.  Secondly^  That  as  di- 
vers Patents  paffed  the  Great  Seal  by  Writ  of  Privy 
Seal,  and  are  fubfcribed /^r  £r^z^^  de  privato  Sigilloy 
fo  divers  per  ipfum  Regem^  and  are  lo  fubfcribed  : 
And  often- times,  in  the  Roll  of  former  Times, 
to  the  Words  per  ipfum  Regem  are  added  Nuncial 
A,  B.  So  that  the  King's  Comrtiand  generally^ 
and  the  King's  Command,  related  or  certified  by 
fuch  a  Man  to  tliis  Purpofe,    is  of  like  Nature. 

Vol.  VIII.  .  B     '  Thirdly, 


1 8    7he  Parliamentary  Hi  s  T  o  r  t 

Aij.4.charlcsl.7Wrrf^,  In  the  late  great  Cafe  of  the  Habeas  Cor- 
162S.  puSy  where  the  Return  ot  the  Commitment  wa» 
per  Jpeclale  Mandatum  Domini  RegiSy  mihi  fignifica* 
turn  per  Dominos  de  private  Confilio ;  the  Court  of 
King's  Bench  did  agree  that  it  Was  the  fame,  and 
of  hke  Force  as  if  mihifjgnificatum,  He,  had  not 
followed :  And  that  thofe  Words  were  void.  Ac- 
cording whereunto,  here  alfo  per  Mandatum  Do- 
mini  Regis  nunciat.per  Robertum  Pecks y  was  to  be 
taken  as  if  numiat.  per  Robert.  Pecks  had  been  v^ hol- 
ly omitted,  and  void. 

'  Likewife,  and  in  Truth,  in  that  late  Cafe, 
this  Cafe  of  Parker  was  cited  both  at  the  Bar  and 
Bench :  And  at  the  Bench,  it  was  interpreted  by 
the  Judges  no  otherwife  than  if  it  had  been,  only, 
pef  Mandatum  Domini  Regis  in  this  Place  of  it. 

*  But  the  Objedtion  made  there  was  of  another 
Kind  J  as  now  delivered  in  the  firft  Argument 
nriadeout  of  the  Precedents,  in  Behalf  of  the  Houfe 
of  Commons.  Then  for  the  fecond,  touching  the 
Courfe  of  Enumeration  of  the  Caufes  in  the  Re- 
turn ;  Mr.  Selden  faid,  That,  howfoever,  in  feme 
Adts  of  Parliament ;  and,  elfewhere,  in  the  folemn 
Expfeffions  ufed  in  the  Law,  Things  of  greater 
Nature. precede  and  the  lefs  follow;  yet,  in  this 
Cafe,  the  contrary  was  moft  plain :  ror,  in  the 
Return,  it  appears  that  there  were  three  Caufes  of 
detaining  the  Prifoner;  Surety  of  the  Peace;  SuP 
picion  of  Felony ;  and  the  King's  Command : .  And 
Surety  of  the  Peace  is  firft  mentioned,  which  is 
plainly  lefs  than  Felony.  Therefore,  it  is  as  plain, 
(if  any  Force  of  Argument  be  here  to  be  taken 
from  this  Enumeration,)  that  the  contrary  to  that, 
"Which  Mr.  Attorney  inferred,  is  to  be  concluded  : 
That  is,  as  Felony  is  a  greater  Caufe  than  Surety 
of  the  Peace;  fo  the  Matter,  whereupon  the  King's 
Command  was  grounded,  was  greater  than  Felo- 
ny :  But,  in  Truth,  this  Kind  of  Argument  holds 
neither  Way  here.  And  whatfoever  the  Caufe 
was,  why  the  King  committed  him,  it  was  impof- 
fiWe  for  the  Court  to  know  i   and  it  might  alfo 

hive 


0/    E  N  G  L  A  N  D.      ip 

have  been  of  very  high  Moment,  as  Matter  of  State^  An.  4.  chuU%  h 
and  yet  of  far  left  Nature  than  Felony :  All  which'      ««»«. 
(hews  this  Precedent  hath  it's  full  Force  alfo,  ac«- 
cording  as  it  was  firft  ufed,  in  Argument,  by  the 
Houfe  of  Commons. 

To  the  third  of  thefe,  which  is  Brimtes  his  Cafe 
In  35.  Henry  Vlll.  Rot.  33.  the  Objeilion  by  Mr. 
Attorney  was,  *  That  there  was  a  Caufe  exprefled 
pro  Su^ichne  Felonia  ;  and  though  pro  alls  Caufit 
illos  moventibus  were  added  in  the  Return,  yet,  be- 
caufe,  in  the  Courfe  of  Enumeration,  the  general 
Name  of  alia^  coming  after  Particulars,  includes' 
Things  of  lefs  Nature  than  the  Particular  doth : 
Therefore,  in  this  Cafe,  Sufpicion  of  Felony  being 
the  firft  5  the  other  Caules,  afterwards  generally  men* 
tioned,  muft  be  intended  of  a  lefs  Nature ;  for  which 
the  Prifoner  was  bailable  ;  becaufe  he  was  bailable 
for  the  greater,  which  was  Sufpicion  of  Felony.* 

Hereto  Mr.  Selden  replied,  *  That  the  Argu- 
ment of  Enumeration,  in  thefe  Cafes,  is  of  no  Mo- 
ment, as  is  next  before  {hew*d  ;  and,  that  although 
it  Were  of  any  Moment,  yet  the  alia  Gcufa^  tho* 
lefs  than  Felony,  might  be  of  very  great  Confe- 
quence  in  Matter  of  State ;  which  is  pretended^ 
ufually,  upon  general  Returns  of  Command,  with- 
out Caufe  (hewed :  And,  it  is  moft  plain  that  the 
Court  could  not  know  the  Reafons  why  the  Prifo- 
ner here  was  committed  ;  and  yet  they  bailed  him, 
without  looking  further  after  any  unknown  Things 
under  that  Title  of  Matters  of  State ;  which  as  well 
might  have  been  in  this  Cafe  as  in  any  other  what- 
foever.' 

The  Obje^hns  made  by  Mr.  Attorney  again/1  the 
Fourthy  Fifths  Sixths  and  Seventh  Precedents^ 
alkdged  by  thi  Houfe  of  Commons-  in  favour  of 
their  Refolutions^  with  Mr,  Selden'i  Anfwers 
theretOy  are  omitted  in  the  Journals, 

Tp  the  Eighth,    which  is  Brown'ng's  Cafe,  in 
P.  ao.  E/iz,  Rot.  7a,  it  was  faid  by  Mr.  Attorney, 

B  2  *  T\iJ.X. 


ao     The  Tarliamentary  History 

Aa.  ♦•  Charles  i/  That  he  was  bailed  by  .a  Letter  from  the  Lord^ 
i6a8.  of  the  Council,  directed  to  the  Judges  of  the  Court: 
But  being  alked  for  that  Letter,  or  any  Teftimony 
of  it,  he  could  produce  none  at  all :  But  faid.  He 
thought  the  Teftimony  of  it  was  burnt  among  ma- 
ny other  Things  of  the  Council-Table,  at  the 
burning  of  the  Banquetiing  Houfe. 

To  the  Ninth,  being  Harcourt*3  Cafe,  40.  Eliz» 
Rot.  62.  the  felf-fame  Objection  was  made  by  him^ 
but  no  Warrant  was  fhewed. 

To  the  Tenth,  which  is  CaUjby^s  Cafe  in  the 
Vacation,  Hillary ^  43.  Eliz.  Mr,  Attorney  faid, 
*  That  it  was  by  Direction  of  a  Privy-Seal  from 
the  Queen  ;  And  to  that  Purpofe,  he  fhewed  the 
Privy-Seal  of  43.  Eliz.  which  is  at  large  araongft 
the  Tranfcripts  of  the  Records,  concerning  Bails 
taken  in  Cafes  where  the  King  or  Lords  of  the 
Council  aflented^' 

Mr.  Selden  replied,  *  That  the  Privy-Seal  was 
made  only  for  fome  particular  Gentlemen  menti- 
oned in  it,  and  for  none  others ;  as,  indeed,  ap- 
pears juft;  and  then  Mr.  Selden  faid.  That  it  was 
likely,  that  Catefhy  here  had  a  Privy-Seal,  in  his 
Behalf,  becaufe  thofe  others  had  fo/ 

To  the  Eleventh  of  thefe,  which  is  Beckwith^% 
Cafe,  in  Hillary  12.  Jac.  Rot.  153.  Mr.  Attor- 
ney faid,  *  The  Lords  of  the  Council  fent  Letters 
to  the  Court  of  the  King's  Bench  to  bail  him  ;  and 
he  produced  a  Letter,  which  could  not  be  found 
when  .the  Arguments  were  made  at  the  firft  Con- 
ference/ 

To  this  Mr.  Selden  replied,  *  That  the  Letter 
Was  of  no  Moment,  being  only  a  Diredion.  to  the 
Chief  Juftice,  and  no  Matter  of  Record,  nor  any 
Way  concerning  thereft  of  the  Judges;  and;befides> 
either  the  Prifoner  was  bailable  by  Law,  or  not  bail- 
able ;  if  bailable  by  the  Law,  then  he  was  to  be 
bailed  without  any  fuch  Letter;  if  not  bailable  by 
the  Law,  then  plainly  the  Judges  could  not  have 

baileil 


N^D. 


Of   E  N  G  L  A  N^D.       ai 

bailed  him  upon  the  Letter,  withoat  Breach  ofAji#4«Charleii. 
their  Oath  j  which  is,  that  they  are  to  do  Juftice,  '^*^* 
according  to  the  Law,  without  having  Refpedl  to 
any  Command  whatfoever.  So  that  the  Letter, 
in  this  Cafe,  or,  the  like  in  any  other  Cafe,  is,  for 
Point  of  Law,  to  no  Purpofe;  nor,  hath  any 
Weight  at  all,  by  way  of  Objeftion,  againft  what 
the  Record  and  Judgment  of  the  Court  fhew  us. 

Te  the  Twelfth  and  laft  of  thcfe,  which  is  Sir 
^omas  Mounfoii%  Cafe,  in  the  1 4.  Jac,  Rot.  147 .  the 
fame  Objeftion  was  made  over  again  by  him,  which 
was  moved  and  anfwered  in  the  Argument  at  the 
firft  Conference ;  and  that  one  Ground,  which  is 
infallible,  that  the  Judgment,  upon  a  Return,  is 
to  be  made  out,  only,  of  what  appears  in  the  Bo- 
dy of  the  Return  itfelf,  was  again  infifted  upon  by 
Mr.  Seldeuj  in  this  Cafe  i  as  it  was  alfo  in  moft  of 
the  reft. 

A  fter  Mr.  Attorney  *s  Objedlions  to  thefe  Twelve, 
and  the  Replies  given  to  thofe  Objediions,  Mr. 
Attorney  came  next  to  thofe,  where  the  Af- 
fent  of  the  King  or  the  Privy- Council  appears 
to  have  been  given  to  an  Enlargement :  And 
he  made  the  fame  Kind  of  Objeftions  as  are  moved 
and  anfwered  before :  And,  for  fo  much  as  concerns 
Letters  of  Affent  or  Diredlion;  the  fame  was  here 
faid  again,  by  way  of  Reply  to  him  as  before^ 
touching  the  Letter  in  Beciwith*s  Cafe. 

ITh  Earl  of  Hertford'^  Report  of  the  third 
Part  of  the  Conference. 

A  Fter  Mr.  Attorney  had  made  his  Obje£Hons^ 
and  the  Gentlemen  of  the  Commons  Houfe 
their  Anfwer,  to  what  had  been  faid  touching  the 
twelve  Precedents,  brought  all  for  exprefs  Tefti- 
monies,  for  the  Maintenance  of  the  Refoluiion  of 
the  Houfe  of  Commons ;  and  after  the  Gentlemen 
of  the  Houfe  of  Commons  had  given  their  Anfwer 
to  that  which  was  objedled,  out  of  fuch  Precedents 
^s  (hew  fome  Aflent  of  the  King's  Attorney,  or  qf 
Ihe  Lords  of  the  Council,  to  the  bailing  of  Prifo- 

B3  oers 


Th  parliamentary  H: 


la    TbsvarUamentary Hisro^r         I 

Aa,  4.ch».l<3i.r«s  Committed  by  fuchfpccial Command:  Mr.At- 

1618.       torney  came  to  urge  the  eight  Precedents  (01  ibe 

other  Side  againfl  tlial  Kcfolutiun;    which  eight 

were  mentioned,  and  Copies  of  them  given  in  aE 

the  firft  Conference. 

Of  thefe  eight,  the  firft  four  were  utf  ed  by  Mr, 

Attorney,  ae  being  of  one  Kind  ;  the  Difference  of 

them  being  only  fuch,  that,  laving  the  Names  of 

the  Perfons  and  Prifbns,  they  are  but  one  and  the 

felf-fame.     But  whereas  at  the  firft  Conference  it 

had  been  faid.  That,  in  the  late  Cafe,  touching  ihij 

Point  in  the  King's  Bench,  the  Court  had  replied 

upon  thefc  four;   he  (aid,  That  there  were  but 

two  of  them  ufed  in  that  Cafe.     The  Force  of 

ihcfc  four  he  objefled  thus :    *  That  RUhard  Evs' 

rard,  for  the  Purpofe,  in  the  firft  of  them,  which 

I  is  5.  tbnry  VI|.  -So/.  18.    Rsger  Chirry,  in  ths 

^^».  fecond  of  tlicm,  which  is  8.  HfnryVW.  Rut.  12. 

^^K  ChriJIopbir  Burteii,  in  the  third  of  them,  which  is 

^^H  g,  IJeBry  Vll.  Rot.  14,  and  George  Vrfivick,  in  the 

^^^  fourth  of  them,  which  is  19.  Hinry  VII.  Rit.  23. 

f  were  returned  into  the  King's  Bench  upon  feveral 

Writs  of  Hiibeai  Carpust  10  have  been  committed 

►  and  detained  in  the  feveral  Prifons  whence  they 

^  ame,  per  Mandatum  Domini  Rigis;  and  that,  upon 

f  ihat  Return,  they  were  committed  to  the  Marfhal 

;  of  the  King' s  Bench :    And  that  however  it  hath 

I  been  cbjeifled  againft  ihefe  four  Precedents,  That 

this  Kind  of  Couimiiment,  by  the  Courfe  of  that 

Court,  was  always  done  before  the  bailing  of  the 

Ptifoners;  yetlhat  it  did  not  appear  thatthey  were 


Mr,  Sddci's  Anfwer  to  this  ObjeSion  was, '  That, 
by  the  confiant  Courfe  of  the  Court  of  the  King'i 
Bench,  whofoever  came  by  Habeai  Corpus,  or  other- 
wife  upon  any  Writ,  into  that  Court,  cannot  be 
bailed  umill  he  b?  firft  committed  to  the  Marflial 
of  that  Court ;  and  that  thence  it  was  Ihat  all  thefe 
four  were  committed  to  the  Marflial,  as  appears  by 
(he  Eniry,  fui  ammittitur  Marejialh,  i^c.  which 

JS  il)f  ufyil  gptry  ^n  fych  %  (^afe  ^  and  that  all  the 


0/   E  N  G  L  A  N  D.      23 

Gerks  of  that  Court  acknowledge  this  Courfe  ofAa.4.Char:ci( 
,Entry  to  be  moft  conftant  and  perpetual :  So  that  '^**' 
all  the  Inference  that  can  be  made  out  of  thefe  four 
is  but  this,  That  four  Prifoners  being  brought  froni 
feveral  Prifons,  by  Habeas  Corpus^  into  the  Kinfs 
Bench,  and  returned  to  Hand  committed  per  Man-- 
4atum  Domini  Regis  y  were  fo  far  from  being  re- 
manded by  the  Law ;  that,  in  all  thefe  four  Cafes, 
they  were  firft  taken  from  the  feveral  Prifons,  where* 
in  they  had  been  detained  by  fuch  a  general  Com-* 
mand  ;  which  could  not  have  been,  if  they  had  not 
been  adjudged,  in  every  of  thefe  Cafes  to  have  beeii 
bailable  bv  the  Court :  And  t^at  thisCommitment  of 
them  to  the  Marftial  of  the  King's  Bench j  was  the  firft 
Step  towards  the  Bailing  of  them,  as  in  all  other  Cafes : 
But  that  it  appears  not,  that  either  they  ever  de- 
manded to  be  bailed,  or  that  they  were  able  to  find 
fufficient  Bail :  And  if  they  did  not  the  one,  nor 
could  do  the  other,  it  might  follow  indeed,  that  thtf 
were  not  bailed}  but  this  Conimitment  to  the 
King's  Benchy  being  the  firft  Step  to  the  bailing  of 
them,  {as  by  the  conftant  Courfe  it  is)  (hews  moft 
plainly  that  they  were  bailable  by  the  Law ;  which 
is  the  only  Thing  in  Queftion.* 

And  it  was  further  urged  by  Mr.  Selden^  *  That, 
altho'  thefe  four  Precedents  were  ranked  araongft 
thofe  that  may  feem  to  make  againft  the  Refolu- 
tion  of  the  Commons ;  which  was  done,  both  be- 
caufe  they  have  this  fmall  Colour  in  them,  for  the 
other  Side,  to  any  Man  that  is  not  acquainted  with 
the  JJature  and  Reafon  of  the  Entries  and  Courfe 
of  the  Court  of  King's  Bench ;  and  alfo  becaufe  all, 
or  fome  of  them,  had  been  ufed  in  the  laft  great 
Ca(e.  in  the  King's  Bench  as  Precedents  that  inade 
againft  the  Liberty  claimed  by  the  Subjeft  ;  yet,  in 
Truth,  all  four  of  them  do  fully  prove  their  Refo- 
lution  :  That  is,  they  plainly  Chew  that  the  Court 
of  king's  Benchy  in  every  of  them,  refolved,  That 
the  Prifoners  fo  committed  were  bailable ;  other- 
V'ife  they  had  been  remanded^  not  committed,  to  the 

IJ^^rfha!  of  the  IQng's  Bench: 

And 


14     TT^^  Tarliatnentarj  Histort 

fji.4.charlcii.  And  it  was  faid  by  him  alfo,  *  That  the  Chief 
j0a8.  Clerk  of  the  King*s  Bench  did,  out  of  bis  Experi- 
ence, affirm  to  them  in  their  own  Houfe,  That, 
without  Queftion,  every  of  thefc  four  Prifoners 
were  either  bailed,  or  bailable;  Which  as  fully 
makes  for  their  Refblution  as  any  Thing  clfe  what- 
soever/ And  this  was  the  Anfwer  to  the  Objec-» 
tlon  made  by  Mr.  Attorney  upon  thefe  four  Prece- 
.  dents,  being  all  of  tb^  Time  of  Henry  VII. 

To  the  fifth  of  thefe  eight  being  Edward  Pagers 
Cafe,  in  7.  Henry  VIII.  Rot.  23.  Mr.  Attorney 
objcdled  thus :  He  faid,  *  That  Edward  Page  waa 
committed  to  the  Marfhal  of  the  Houfliold  per  man^ 
datum  Domini  Regis ^  ibidem  faho  cujiodiendo^  &c.  qui 
eommittitur  Marefcallo  Hojpitii  Domini  Regis ;  by 
which  it  appears*  as  he  faid,  that  the  Court  re- 
manded him  to  the  Prifon  of  the  Marjbalfea  of  th^ 
Houfhold.- 

And  he  faid,  *  That  whereas  it  bad  been  objeft- 
^d  at  the  firft  Conference,  That  there  was  fome 
Miftake  in  th^  Entry,  he  faid,  he  conceived  indeed 
there  was*  a  Miftakej  and  th^t  the  Miftake  was, 
That  the  Clerk  had  entered  commitiitur  for  rerpitti- 
fur;  and  that  it  fhould  have  been,  ^i  remittitur 
Marefcallo  Hofpitii  Domini  Regis ;  for  whenever 
they  remand  the  Priifoner,  remittitur,  and  not  com^ 
mittitur  (hould  he  entered  :  And  that  Miftake  being 
-fo  redtified  and  underftood,  he  conceived  that  it  wa^ 
a  direfl:  Precedent  againft  the  Refolution  of  th^ 
lloufe  of  Commons.' 

To  this  Mr.  Seld^n  anfwered  *  That  there  w^^s 
110  Doubt  indeed,  but  that  a  Miftake  was  in  theEntry 
by  the  Clerk ;  but  that  the  Miftake  was  quite  of* 
-Another  Nature :  The  Addition  of  thefe  Words, 
flofpitii  D^f/iini  Regis  was  the  Miftake ;  and  the 
Entry  fhould  have  bepn,  ^ui  committitur  Mare-- 
(callo,  l5i[,  on'.y :  That  is,  he  was  committed  to  the 
Marfhal  of  the  Klng*s  Bench.  And  fo  indeed  the 
force  of  this  Precedent  fhould  be  but  juft  the  fame 
Vitl^  (he  fifft  four.     But  that  the  Ignorance  of  the 


0/    E  N  G  t  A  N  D.     aj 

Clerk  that  entered  it,  and  knew  not  how  to  diftin- An.4.C]iatle9L 
guifh  between  the  Marflial  of  the  King's  Hou(hold»       >^*** 
and  the  Marflial  of  the  King's  Bench^  was  the  Caufe 
of  the  Addition  of  thofe  Words,  Hofpitii  Domini 
Regis: 

And  to  confirm  fully  this  Kind  of  Interpre- 
tation of  that  Precedent,  and  of  the  Miftake  in 
it,  it  was  further  obferved  by  Mr.  Se/den  '  Tl»t 
there  is,  in  the  Margin  of  the  Roll,  an  infid- 
lible  Charadler  that  juftifies  as  much ;  for,  by 
the  Courfe  of  that  Court,  whenfoever  a  Prifo- 
ner  is  committed  to  the  Marflial  of  the  King^s  Bench, 
and*  not  remanded^  the  Word  Marefcalh  is  written 
by  Ma  and  r  turned  up ;  and  that  it  is  never  written 
there,  but  when  the  Meaning  and  Senfe  of  the 
Entry  is,  that  the  Prifoner  is  committed  to  the 
Prifon  of  the  fame  Court. 

'  Now,  in  this  Cafe,  in  the  Margin,  MazvA  the  r 
turn'd  up  is  likewife  written ;  which  moft  clearly 
{hews,  that  the  Truth  of  the  Cafe  *as.  That  this 
Page  was  committed  to  the  Marflial  of  the  JGng^i 
'Bench ^  and  not  remanded  \  for  if  he  had  been  remand* 
edy  neither  could  the  Entry  have  been  committitur, 
nor  fliould  the  Margin  of  the  Roll  have  had  Ma^ 
refcallq  written  in  it.' 

And  thus  he  anfwered  Mr.  Attorney's  Objec-- 
tion  touching  this  Precedent;  and  concluded, 
^  That  now,  befides  the  firft  four  of  thefe  eight,  they 
bad  another,  and  therefore  five  more,  to  prove  plain- 
ly, that  a  Prifoner  committed  per  Mandatum  D^ 
mini  Regis^  generally  was  bailable  by  the  Judgment 
of  the  Court :  However  it  appears  not  in  thefe 
Particulars  that  they  were  bailed  5  which,  perhaps, 
they  were  not,  either  becaufe  they  prayed  it  not, 
or  becaufe  they  could  not  find  fufficient  Bail.' 

To  the  fixth  of  thefe  eight  Precedents  being  the 
Cafe  of  Thomas  Cafar^  in  8.  Jacobi  RegiSy  Rot.  99. 
Mr.  Attorney  objefled  thus :  *  That  Cafar^  be^ 
ing  committed /><?^  Mandatum  Domini  Regis  10  the 
Mqrjhaljea  of  the  Houfliold,  was  returned  upon 
fiqb^as  Corpus  to  6e  Jo  committed^  and  therefore 


2  6    7he  Tarliamcutary  History 

'AD,4-Cinrleil.'ictaincd  inPriron;  and  therefore  the  Entry  is,  ^t 
iftiS.        remtliiiir  Prifona  MarefcaUi  pradiSii ;   by  which 
i[  appears  clearly,  thai  he  viia  remanded  to  the 
lame  Prilbn  from  whence  he  came.' 


b 


1 


To  thiaMr.  S^.y^nanfwered, '  Theufua!  Entry 
oi  A  Remittitur,  when  it  is  to  fliew  that  the  Court, 
by  way  of  Judgment  or  Award,  upon  Relblution  or 
Debate,  remanded  the  Prifoner,  is  ttmiltiiur  guduf- 
gut,  l^c.  which  is  rtmittitur  qmvfqut  fecundam  Le~ 
gem  dcUberaius  fumt :  But  when  they  advjfe,  or 
give  Day  to  the  Keeper  of  the  Prifon  to  amend 
his  Return^  or  the  like,  then  the  Entry  is  only 
rimitiiiw  generally ;  or  remitiiturPrifinapradiSte.* 
-  Tho'  it  was  indeed  afErmed  by  Killing,  a  Qerk  of 
Expeiience  in  that  Court,  That  the  Entry  of  re- 
mittitur generally,  or  remittitur  Prifina  pradiHiey 
was  indifferently  ufed  for  the  fame,  that  is  remittitur 
fueufgue,  &c.  Yec  it  was  exprelly  fliewed  by  Mr.  Set- 
den,  Thst  there  was  fometimes  a  Difference,  and 
that  fo  it  might  well  be  in  this  Cafe:  For  in  the  laft 
of.thefe  eight  Precedents,  which  is  Saltonjiall's  Cafe, 
he  obferved,  '  'Th:>X  remittitur  Prifona  pradiiia  a 
often  ufed  ;  and,  in  that  Cafe,  it  is  plain  that  twice 
it  was  ufed  only  for  a  Remanding,  during  the  , 
Time  which  the  Court  gave  loihe  Warden  of  the  i^^| 
Fleet  to  amend  his  Return ;  which  (hews  plainly,,  ^^| 
fis  It  was  faid,  that  aliho'  fometimes  remittitur  ge- »  ^H 
nerally,  and  remittitur  queufque  may  mean  but  the"  ^^ 
.  fame,  yet  fometimes  alfo  it  does  not  mean  the  fame: 
And  that,  in  this  Cafe  of  Cafar,  it  intends  but  fo 
much  as  it  doth,  twice,  in  SaStanJfatrs  Cafe.'  ^^ 

This  they  proved  alfo  by  a  Rule  of  the  Court*   '^^| 
ivhich  they  cited  out  of  (he  Rule-Book  of  the  Ki'/gs    ^H 
Bench:  By  which  Rule  the  Court  exprelly  order-    ^^| 
ed,  Thar,  unlefs  the  Steward  and  Marllial  of  the     ^^ 
Houlhold  did  fuffidently  return  the  Writ  of  Ha- 
beas Carpus  for  Ca-fir,  he  fliould  be  difcharged. 
The  Words  of  the  Rule  are,  as  they  cited  it,  Ni_j^ 
prisdlSfui  Senefiahus  ts"  Marefialhis  tbfpitii  Dsmim 
Jif^it  ptffidenltr  retur/iavmnt  Breve  da  Habea\ 
Cur- 


0/  ■  E  N  G  L  A  N  D.        17 

Corpus  Thma  Cafar^  Die  Merauii  proximo  pojl  ^ 
fuindefi.Sariifi Mirlirii,De/end0n:  exsttcrabitur.  And 
this  was  the  Opinion  of  the  Court ;  which  flievvs, 
as  U  was  faid,  that  ihe  Court  was  fo  far  from  re- 
manding him  upon  the  Return,  iliai  {hey  rcfolved, 
that  unlefs  fome  better  Return  was  made,  the  Pri- 
Ibner  (hould  be  difcharged  of  his  firft  Imprifon- 
menl ;  though  it  appeared  to  them,  ou  t  of  the  Bo- 
dy of  the  Return,  upon  which  they  are  only  to 
judge,  that  he  was  committed  per  Mundatum  Ds~ 
mini  Rigts  only.  And  the  Rule,  they  faid,  not 
only  thews  the  Opinion  of  ihe  Court,  then,  to  have 
been  agreeable  to  the  Refolutions  of  the  Houfe  of 
Commons ;  but  alfo  proves  that  remittitur  general- 
ly, or  remittitur  Pnfifia  pradi^ie^  doih  not  al- 
ways impiy  a  Remanding  upon  a  Judgment  or 
Debate.*  And  thus  they  gave  Anfwer  to  this  of 
Cafar's  Calej  which  is  the  fixth  of  this  Number. 

The  fcvenih  is  the  Cafe  of  Jama  Demetrius^ 
which  was  in  I2.  yacabi.  Rot.  153.  Mr.  Attorney 
objefled,  •  That  this  Demetrius,  and  divers  others, 
being  Brewers,  flood  committed  per  Motidatum  Da- 
mini  Regis  10  the  Marjhalfea  of  the  Houfhold  ;  but 
that,  upon  the  Halicas  Corpus  being  fo  generally  re- 
turned, they  were  remanded;  and  that  the  Entry 
was  immediate  remittitur  pre/at,  MarefcalU  Hefpi- 
Hipradiifii  where  he  obferved.  That  immediate 
fliews  that  the  Judges  of  that  Time  were  fo  rcfol- 
ved of  this  Qucftion,  that  ihey  remanded  him  pre- 
fently,  as  Men  that  well  knew  what  the  Law  was 
theteis.* 

HeT'etoMt.  Seldeitsnfwet'd,  ij},  '  That  the /!*- 
iniititur  in  this  Cafe  is  but  as  in  the  other  of  C^r's, 
and  fo  proves  nothing  againft  them,  id/y.  That 
i*nm^(//d// (hews  plainly,  that  it  was  done  without 
Debate,  or  any  Argument  or  Confideration  had  of 
it;  which  makes  the  Authority  of  the  Precedent 
to  be  of  no  Force  in  Point  of  Law  :  For  Judg- 
fiients  a(id  Awards  given  upon  Deliberation  and 
DehJts 


a  8    The  Tarliamentary  History 

4.  charicf  1  .Debate  onfy ,  are  Proofs  and  Arguments  of  Weight ; 

seis.       and  not  any  fudden  Aft  of  the  Court,  without  De* 
bate  or  Deliberation.* 

And  the  Entry  of  Immediate  being  propofed  to 
Mr  Keeling y  it  was  anfwercd  by  him,  That,  by 
that  Entry  it  appears,  by  their  Courfe,  that  the 
remanding  of  him  was  the  felf-famc  Day  that  he 
was  brought;  which,  lAx  Selden  idxi^  might  be  at 
the  Rifing  of  the  Court,  or  upon  Advifement,  or 
the  like/  And  thus  ihey  gave  Anfwer  to  this  rre-. 
cedent  of  the  Brewers. 

The  laft  of  thefe  eight  is  Sabonjtalf^  Cafe,  in 
12,  Jacobi  Regis f  to  which  Mr.  Attorney  objefted 
thus,  '  He  was  committed  per  Mandatum  Domi' 
.  mrum  de  Privato  ConJiUo ;  and  being  returned  by 
the  Warden  of  the  Fleet  to  be  fo,  remittitur  Pri^ 
fona  pradi5ia:  And,  in  13.  Jacobi^  in  the  lame 
Cafe,  there  is  remittitur  generally  in  the  R9II. 
And  thefe  two  make  but  one  Cafe,  and  are  as  ope 
Precedent/ 

Mr.  Selden  anfwered,  '  It  is  true  that  the  Roll 
hath  fuch  Entry  of  remittitur  in  it  generally;  but 
that  proves  nothing;  upon  the  Realbn  before  ufed 
by  them  in  Cafar*s  Cafe;  but  alfo  they  obfervcd. 
That  Saltonftalt vfzs  committed  for  another  Caule, 
befides  per  Mandatum  Dominorum  Ccnfilii^  viz.  for  3 
Contempt  againft  an  Order  in  Chancery ;  and  that 
was  in  the  Return  alfo.  And  befides,  the  Court, 
as  it  appears  in  the  Record,  gave  feveral  Days  to 
the  Warden  of  the  Fleet  to  amend  his  Return  i 
which  they  would  not  have  done  if  they  had  con- 
ceived it  fufficient;  becaufe  that  which  is  fufficient 
needs  not  any  Amendment.^ 

^  To  this  Mr.  Attorney  replied,  *  That  they  gave 
him  Day  to  amend  his  Return,  in  refpedl  of  that 
Part  of  it  that  concerns  the  Order  in  Chancery  j 
^nd  not  in  refpeft  of  that  which  was  per  Manda- 
tum Confilii,* 

Mr. 


.    Of    E  N  G  L  A  N  D.     ap 

Mv.  Selden  (My  *  This  appears  no  where;  norAa.4.C!Mttfci|, 
indeed  is  it  likely  at  all,  nor  can  be  reafonably  fo  un-  '^*** 
derftood  j  becaufe  if  the  other  Return,  per  Manda^ 
turn  Conftliiy  had  beenr  fufficient  by  itfelf,  then, 
doubtlefsy  they  would  have  remanded  him  upon 
that  alone :  for  then  they  needed  not  to  have  ftood 
tt  all  upon  the  other  Part  of  the  Return  in  this 
Cafe.  So  that,  out  of  the  Record  itfelf,  it  ap- 
pears fully.  That  the  Court  conceived  the  Return 
to  be  infufficient.* 

And  fo  the  Gentlemen  of  the  Houfe  of  Com- 
mons concluded,  *  That  they  had  a  great  Number 
of  Precedents,  befidcs  the  Afls  of  Parliament,  a- 
greeablelo  their  Refolution,  and  there  was  not  one 
made  againft  them  ;  but  that  even  all  thofe 
brought  by  Mr.  Attorney  •  himfelf,  if  rightly 
nnderftood,  made  fully  for  the  Maintenance  of  their 
Refolution/  The  Objeftions  being  thus  made  I)/ 
Mr.  Attorney,  and  the  Anfwers  by  the  Gentle- 
men of  the  Houfe  of  Commons,  the  Confideration  ' 
of  this,  with  the  reft,  was  left  to  your  Lordfhips* 

Here  Mr.  Attorney  fpake  to  the  Houfe  of  Com- 
mons about  that  Order  that  Keeling^  by  his  Ap- 
pointment, had  drawn  up  (A);  but  it  was  to^  the  fame 
Effed  that  he  had  fpoken  to  your  Lordfhips  in  the 
Houfe  before. 

And  then,  my  Lord  of  Devonjhlre  put  Mr.  At- 
torney in  Mind  of  fome  Things  omitted  by  himy 
which  he  had  formerly  fpoken  of  in  this  Houfe  ; 
which  occafioned  the  Conlerence  next  Day ;  which 
I  leave  to  the  next  two  Lords,  in  their  Order,  to 
report. 

Thefe  three  Reports  being  ended,  the  Lords  a- 
greed  to  hear  the  reft,  which  was  to  be  reported  by 
the  Earl  of  Devonjhire  and  the  Lord  Bifhop  of  Z/«- 
coin  in  the  Afternoon  ;  but  not  to  enter  into  De-  ' 
bate  thereof  until  Monday. 

Dii 

(b)  See  Vol.  Va.  p.  385. 


3 0    7 he  Tarliamentary  Hi s to r t 

iGiS.      ' DifSabbati,  ig.  Die  Apri/is,  i6j8.  Psft  Mtridient. 

The  Earl  e/DtvoKsH\s.r.'s  Report  tfthefnuTtb 
Part  of  the  CoNF  ERENCE  wilh  the  Commons* 
eemernifis  the  Liberty  y/i*  Subject. 

THIS  confifted  of  the  Argument  made  ufe  of 
by  Mr,  Attorney- General  and  by  Mr.  Ser- 
jeant jf^ley,  33  of  Counfel  for  the  King  herein. 
And  fi.ft, 

Mr.  Attorney  (a).  *  My  Lords,  and  you  the 
Gentlemen  of  the  Commons  Houfe,  according  to 
your  LordfhipE  Dire^ions,  Yefterday  I  made  fome 
Relation  of  Part  of  that,  which  before,  upon  the 
like  Commandment,  I  had  Ifxjken  before  the  Lords 
in  their  Houfe,  upon  the  Occafion  of  that  Decla- 
ration, which  was  fent  to  ihc  Lords  from  the  Com- 
mons Houfe. 

'  The  Courfe  1  then  took,  as  your  Lordfhips 
m^ybcpleafed  to  remember,  was  this:  After  I 
had  firft  fet  down  the  State  of  the  Queftion  be- 
tween us,  and  fpoken  fomewhat  of  the  Siatuie?, 
which  were  mentioned  and  infiUcd  upon,  by  that 
Declaration,  to  maintain  the  Tenet  or  Propofiiion 
of  the  Commons,  concerning  their  perfonal  Li- 
berties ;  I  came  to  the  Precedents,  which  were  de- 
liTcred  on  either  Side,  and  opened  the  Reafons  and 
Applications  of  ihem  one  by  one  i  and  fpent  that 
Day  on  that  Part  of  the  Work,  as  being  the  moft 
■Weighty,  and  that,  on  which  my  Lords,  the 
Judges  of  ihc  King's  Bench,  grounded  their  Refo- 
.  lutionsand  Rulethey  gave  there;  Thalwhichnow 

remains  to  be  fpoken  unto,  is,  the  Opinions  anil 
Refolutions  of  the  Judges  and  Sages  of  the  Law  in 
former  Times,  touching  this  Queftion  ;  and  the 
Reafons,  which  have  been  given  on  either  Side,  to 
mainlain  or  oppole  th-it  which  haih  been  affirmed 
in  this  Cafe, 

'  1  fhall  not,  willingly,   draw  your  Lordfliipj 

back  to  any  Thiiig  which  hath  been  formerly  faid, 

but  for  fo  much  only  as  is  of  Neceffity:  For,  be- 

fow 

(i)  Sir  Esifff  Hiati, 


0/    E  N  G  L  A  N  D.         gi 

fore  we  proceed  to  ihefe  Parts  now  to  be  fpokenAii.4.C1iaiktt 
unto,  it  will  be  neceflary  that  I  do,  clearly  and        **^* 
plainly,  lay  down  the  true  State  of  the  Queftlon  ; 
that  fo  we  may  apply  the  Refolutions  and  Reafons 
ad  idem. 

*  This,  as  it  is  delivefed  in  Writing  from  the 
Houfe  of  Commons,  flands  upon  two  feperate  Re- 
folutions ;  but  it  is  fit  to  join  them  together,  for 
they  niake  but  on?  entire  Propofition ;  and  are  fo 
linked  together,  and^depend  one  on  the  other,  as 
they  cannot  be  fevered. 

'  The  Words  of  this  Propofition  are  ihefe.  That 
no  Freeman  ought  to  be  committed  or  detained  in  Pri^ 
fin^  or  otherwtjfe  reftrainedy  by  Command  of  the  ISng^ 
or  the  Prizy-  Council^  or  any  other  \  unlefsfome  Caujt 
of  the  Commitment y  Detainer  or  Rejiraint  be  /x- 
prejfed ;  for  whichy  by  Law^  he  ought  to  be  eommit^ 
tedy  detained^  or  refrained:  And,  afterwards, 
7 hat  if  a  Freeman  be  committed^  or  detained  in  Pri* 
fin,  orotherwife  refrained^  by  Command  of  the  King^  ^ 
Privy- CoundU  or  any  other  \  no  Caufe  offiich  Com* 
mitmenty  Detainer^  or  Reflraint  being  expreffedi 
and  the  fame  be  returned  upon  an  Habeas  Corpus 
granted  Jor  the  Party  j  that  then  he  ought  to  be  de* 
livered  or  bailed  (k). 

*  To  maintain  this  as  it  is  propounded ;  the 
Words  of  the  Statute  of  Magna  Charta,  cap,  zg. 
are  laid' down  as  a  Foundation,  Nulks  liber  Homt 
imprifonetur ^  /to  omit  the  reft  of  the  Words  which 
are  for  other  rurpofes,)  nift  per  Judicium  Parium  . 
fmruiriy  vet  per  Legem  lerra ;  and  the  fix  fubfe- 

quent  Statutes  ^ave  been  read  and  enforced,  as  Con- 
firmations and  Explanations  of  that  Pafl'age  in  Mag-* 
na  Charta. 

/  I  (hall  not  draw  your  Lordfbips  back,  further, 
into  the  Confideration  of  thefe  Statutes ;  than  only 
to  put  you  in  Mind  that  the  Statute  of  Magna 
Charta  doth  not  contain,  or  exprefs,  any  defini- 
tive Words  of  this  Declaration:  Nor  hath  it  any 
Words  In  it  more  particular  than  ihefe,  Nif  per 
Legem  Terra,  Therefore,  the  Words  being  gene- 
ral, 

{k)  See  VoKVU.  p.  407« 


3a   T/jeTaHiameHtaryKisroSit 

Aii.4.charie8i.  ral,   they  have  need  of  fome  Commentaries,  o^ 
*^*^»       Helps  to  expound  them. 

'  It  hath  been  faid  on  the  other  Side,  That  thefe 
fubfequent  Statutes  do  expound  tKefe  general  Words  j 
and  that  per  Legem  lerra  is  to  be  underftood  per 
d^bitum  Legis  Proceffumy  L  i.  by  Indidlment.  Pre- 
fentment  or  original  Writ.  Surely,  my  Lords^ 
ll\is  cannot  be  the  true  Meaning  of  thefe  Laws  2 
For  then  it  muft  neceffarily  follow.  That  no  OfFen-* 
der  could  juftly  and  legally  be  committed,  and  re- 
ftrained  of  his  Liberty,  unlefe  he  was  lirft  indided 
or  prefented  by  a  Jury  j  or  that  an  original  Writ  be 
brought  againft  him ;  which  neither  is,  nor  ever 
was,  the  Pradlice  of  this  Kingdom  in  criminal 
Cafes. 

*  For  then  could  not  a  Conftable,  (which  is  the 
loweft  and  yet  the  antienteft  Officer  of  the  Crown j 
nor  a  Juftice  of  Peace,  but  in  thefe  Cafes  only 
where  there  is  a  precife  Statute  to  warrant  him, 
either  apprehend  or  commit  one  to  Prifon  j  or  fet 
a  Knave  in  the  Stocks  for  a  juft  Sufpicion.  Nay 
if  he  was  taken,  he  could  not,  according  to  thia 
Dodlrine,  be  commited,  unlefs  the  Fa£l  was  firft 
prefented  or  found  by  a  Jury ► 

My  Lords  and  Gentlemen,  for  I  fpeak  to  thofe, 
of  whom,  I  am  fure,  the  greateft  Part  are  Perfons 
of  Authority  in  your  Countries,  I  appeal  to  you 
all  J  Whether  if  this  ihould  be  held  for  a  Diredlion, 
I  may  not  truly  fay.  In  hoc  erravimus  omnes?  And 
whether  it  would  not  be  too  late,  and  utterly  in 
vain,  to  proceed  againft  Offenders,  when  they  muft 
.  be  left  at  large  until  the  Indiftment  was  firft  found, 
or  Prefentment  made  againft  them  ?  For,  furely^ 
they  would  then  provide  for  themfelves,  and  be 
gone  when  they  fliould  be  proceeded  againft. 

*  And  for  a  Writ  original  in  criminal  Cafes,  I 
profefs  1  know  not  what  it  means,  if  it  be  not  at 
the  Suit  of  the  King.  Therefore,  dbubtleft,  there 
is  fome  other  Meaning  of  thefe  Words :  And  that 
they  can  be  no  otherwife  underftood,  but  of  a  le- 
gal Proceeding  to  Judgment  or  Condemnation  j 

But 


Of   E  N  Q  L  A  N  D.      jj 

But  can,  in  no  wife,  be  meant  of  the  firft  ComrAji.4.c?haiici'i« 
mitment,  or  putting  into  fafe  Cuftody,  to  the  End       i^** 
the  Party  accufed  may  be  fure  to  be  forth- coniing. 

•  But  if  ye  will  vary  the  Cafe  thus  far,  as  to 
fay.  That,  by  thofe  Laws,  no  Freeman  ought  to 
be  committed,  or  imprifofied,  without  juft  Caufe; 
this  I  (hall  agree  to  be  good  Law :  And  (hall  wil* 
lingly  fubfcribe  unto  it;  that  neither  the  King's 
iPrivy  Council,  nor  the  King,  nor  any  other,  have 
Power,  that  is,  have  a  juft  and  warranted  Power^ 
to  commit  any  Freeman  without  a  juft  Caufe. 

•  But  herein  ftanda  the  Difference ;  Whether 
this  Caufe  muft  be  always  expre&d  upon  Commit^ 
ment ;.  and  \rhetber  fuch  Caufe  fo  exprefied,  muft 
alway?  be  legal  and  warranted  by  the  ftridt  Rulc» 
find  Letter  of  the  Law ;  or  whether  the  Law  hath 
not  ever  allowed  this  Latitude  to  the  King,  or  h\9 
Privy- Council,  which  are  his  reprefentative  Body^ 
and  dp  what  they  do,  in  his  Name  and  by  his  Pow- 
er, in  extraordinary  Cafes,  to  reftraln  the  Perfons 
6f  fuch  Freemen  ;  as,  for  Reafon  of  State,  they 
iind  neceffary  for  a  Time,  without  the  prefent  ex* 
preffing  of  the  Caufes  thereof :  Which,  if  it  ihould 
be  exprefled,  might  difcover  the  Secret  of  the  Stata 
in  that  Point,  and  might  eafily  prevent  the  Service 
by  that  Difcovery. 

•  What  hath  been  the  Ufe  and  Pradlice  in  all 
Ages,  in  thefe  Cafes,  appears  by  the  many  Pre- 
cedents, which  have  been  remembered  and  read 
Unto  you :  Of  which  I  {ball  fay  no  more  unto  your 
Lordfliips  thati  this.  It  is  not  the  Confidence,  by 
which  they  be  delivered  or  applied  on  either  Slde^ 
that  makes  them  better  or  worfe,  or  more  or  lefsi 
to  the  Purpofe,  for  which  they  were  brought : 
And  therefore  I  (hall  recommend  them  to  your 
tiprdftiips  Memories,   and  great  Judgments  and 

.  Wifdom,  to  weigh  them  and  every  of  them. 

•  And  now  I  come  to  the  Authorities  and  Re- 
folutions  of  former  Times,  which  have  been  re- 
membered. 

•  There  hath  been  fome  Mention  and  Reliance 
roade,  for  this  Matter,  upon  the  Statute  of  Wejl^ 

Vol..  VIIL  C  minjier^- 


34   TheTarliameittnry  Histokt 

lin.4-Cia<\t^l.minfier  t.  Chop.  15.  which  was  made  in  i.  Ed- 
i6»*.  ward  I.  and  this,  as  I  laid  hereiofore,  did  explain 
this  great  Doubt ;  By  the  Gentlemen  of  the  Com- 
mons it  hath  been  much  infilled  upon,  and  a  great 
dcjl  of  Pains  taken  to  prove,  that  that  Statute  was 
made  for  Sheriffs,  and  fuch  other  inferior  or  mi- 
difterial  Officers;  and  did  not  extend  to  the  Judges, 
who  are  neither  mentioned  nor  meant  thereby. 

*  Surely,  my  Lords,  I  (hall  much  eafe  that 
I,  Pains ;  for  I  do  agree,  that  that  Statute  was  made 
^^H  for  the  Direction  of  Sheriffs,  and  fuch  other  minif- 
^^^k  lerial  Officers ;  andfortheir  Punifhment  whenthey 
^^K  .  fhould  offend  in  Cafes  of  felting  Prilbners  at  large 
^^^1  by  Plevin:  But  that  which  1  affirm  upon  ihatSta- 
^^H  Uite,  10  this  Purpofe,  is,  That  in  the  Recital  of 
^^^R  ihat  Statute,  it  is  agreed  what  the  Common  Law 
^^V  was  before  ;  which  is,  thai  in  thofe  Cafes  there 
^^^                 mentioned,  which  are  four,  they  were  not  repli- 

viable  at  the  Common  Law. 

*  If  at  the  Common  Law  this  was  fo,  then  it 
was  long  before  ;hc  Siaiute  of  Magna  Ckarta;  and 
if  it  was  fo  at  the  making  of  this  Staiuie,  then 
Magna  Charta  had  not  altered  it.  And  obferve, 
I  pray,  th^t  ihis  was  made  in  the  Time  of  the  Son  ; 

'  not  in  the  Time  of  the  Father,  when  the  Statute 

'  of  Magna   Charta  was  made;    And  this  Statute 

,  of  Wtlimivjler  t.  doth   not  recite  that  thefe  four 

Sorts  were  not  replevlable  by  Sheriffs;  but  gene- 
rally, that  they  were  no.t  replevlable  at  all:   A- 
monpft  which  four,  thofe  who  are  committed  by 
I  the  Command  of ihe  King himfelf,  isoneof  thole 

B  Sorts;   and  this  is  the  fame  Exjiofilion,  which  I 

find  Mr.  Juftice  Stamford  makes  of  it,  who  was  a 
reverend  Judge  of  the  Court  of  Common  Pleas,  at 
that  7"ime,  when  he  wrote  ihe  T^eatil'e  of  the  Pleas 
of  the  Crown  ;  in  whi^h  Treatife  Fsl.  72.  after  he 
hath  recited  theStatuteof /■^f/?CT;ff^rr,  adlirbUBii 
bisoWn  Words  are  thus ;  *  By  .this  Statute  it  ap- 
pears, that  in  four  Cafes,  at  the  Common  Law,  a 
Mim  was  not  replevlable:  And  thefe  were  fuch  as 
were  taken  for  Ihe  Death  of  a  Man ;  or  by  the 


Of  fi  N  G  L  A  ^  D.     is 

Commahdment  of  the  King ;  or  of  his  Jufticcs  j  Am4.charfc#l4 
br  for  the  Foreft.  ^^^ 

*  For  the  Death  of  a  Man,  he  faiih,  hfe  had 
fpoken  before  j  and  as  for  the  Cottimandtncnt  of 
the  King,  it  was  intended  the  Commandtnent  of 
his  own  Mouth ;  or  of  his  Council,  which  are  in- 
corporated with  him,  and  fpeak  with  the  Mouth 
of  the  King  himfelf,  for  himfelf.  If  ye  will  take 
ihefe  Words  &fa  Commandment  generally ;  ye  may 
fey  that  ei^ery  Commandment  by  Capias  in  a  perfo- 
nal  Action  is  fuch :  For  there  the  Words  are  Pra- 
dpimus  tibif  qw^d  capias^  and  yet  there  the  Defcn- 
6ani  is  repleviable  by  the  Common  Law.  And  ad 
to  the  Commandment  of  the  Juftices ;  it  is  intend*^ 
€d  theii"  abfolute  Commandment.  And,  in  the 
fame  Chapter,  in  the  next  Leaf,  he  faith,  That  if 
One  becommitted  by  the  abfoluiie  Command  of  the 
Juftices,  he  is  not  bailable.  As  if  the  Juftice  com- 
tnand  one  to  Prifon  without  fliewing  Caufe ;  or 
for  Mifdemeanor  before  himfelf;  or  for  fuch  ^ 
Thing  as  lieth  in  the  Difcretion  of  a  Juftice  more 
than  his  ordinary  Power.' 

*  My  Lords,  I  pray  obferve  this  Part  of  his  Or 
pinion  alio :  For  it  makes  full  againft  the  Tenet  of 
(hfe  Houfe  of  Commons :  For  that  goes  general^ 
Il)e^  the  kingi  nor  no  other ^  can  commit  without  Cauji 

Jhewed\  which,  as  here  appears,  the  Juftices  of 
the  King  may  do.  My  Lords,  have  the  Juftices^ 
this  Power  and  this  Latitude,  and  (hall  it  be  be- 
Heved  that  the  King  himfelf,  who  is  Juflic'oriui 
Regnij  and  is  the  Fountain  of  Juftice,  may  not  be 
trufted  with  thdt  Power?  And,  that  this  is  thS 
Powerof  the  Juftices,  appears  alfo  by  another  Au- 
thority, in  our  Books  in  31.  Henry  VI.  FoL  xr. 
in  out  David  Se/tie*s  Cafe,  (the  Opinion  of  that 
reverend  Judge  Forte/cue)  That  if  the  Judges  do( 
commit  a  Man,  without  (hewing  a  Caufe  thereof; 
ot  without  tnaking  any  Rctord  thereof,  as  man^ 
Times  they  did,  it  (hall  be  intended  to  be  lawfully 
$nd  well  done :  And  as  Mr.  Stamford's  Opinion  \i 
in  this  Cafe,  fo  it  appears  in  the  Book  called  The 

G  2  Regiferi 


■X" 


^6    The  Tarllameutary  Histort 

/la.  4.  Charles l.i^^^/^^r,  which  is  the  Book  of  our  Writs,  which 
ife^»  are  the  Foundattion  of  all  our  Proceedings  at  Law  i 
where,  in  the  Writ  oi  Hontine  repUgiando^  it  is  re- 
cited, that  there  are  fome  Per fons,  yfYiiohJecundum 
Confuetudinem  Anglia  non  funt  repUgiabiUi*  And, 
in  one  of  thofe  Writs,  it  is  exprefsly  mentioned 
thus;  Ktfi  captus  fit  per  fpeciali  ¥ractpiU7nnoJirum^ 
vel  Capitalis  Juftitiarii  ncjlri,  ^r.  And  Mr,  Juf- 
tice  Fitzherbert^  a  great  and  a  learned  Judge,  in 
his  Natura  Brevium^  (which  is  as  a  Commen-' 
tary  upon  the  Regifter,)  holdeth  the  fame  Opini- 
on. 

.  *  I  {hall  next  to  this  remember  unto  you  the  Re- 
cord of  the  21.  Edward  I.  in  Pari.  Rot,  2.  which 
is,  that  of  the  Sheriflf  oi  Leicejier  TiVid  Warwick^ 
where  it  is  twice  recited,  ^od  nutlamfaceret  Gra- 
Aiam^  meaning,  ip  his  letting  to  Plevin :  So  that 
it  appears  by  that,  and  by  all  our  Records,  that 
letting  to  Bail  in  all  Cafes,  not  exprefsly  direilcd 
by  fome  Statute,  is,  ex  Gratia  Curia -^  and  if^^ 
V  Gratia^  then  it  \%  not  ex  Debito  5  for  they  are  Con- 

'tradidtions.  'And  that  is  contrary  to  the  Tenet  of 
the  Commons :  For  they  put  a  Neceflity  upon  the 
Judges,  that  they  wf{/?  deliver  or  bail. 

*  Next  to  this  is  the  Opinion  oi  Newton^  in  22. 
Henry  VI.  FoL  52.  which  is  but  a  fingle  Opinion, 
and  that  but  obfcure  and  dark:  For  he  faith.  That, 
a  Man,  committed  by  the  Command  of  the  King, 
is  irrepleviable  by  the  Sheriff:  And  this  is  the  Scope 
and  Intention  of  that  Book :  But  fOme  other  Words 
follow,  whereof  hold  is  taken,  .That  the  Friends  of 
the  Party  may  refort  to  the  Juftices,  and  pray  a  5«- 
perfedeai.  How  this  is  meant,  and  by  wh^t  Means 
it  can  be  done,  and  what  Superfedeas  is  intended, 
is  fo  obfcure  by  that  Book  5  that  it  will  make  very 
little  to  the  prefent'Purpofe. 

*  Next  is  the  Book  of  39.  Henry  VI.  FoL  28. 
the  Cafe  of  Robert  Poynings :  Where  there  is  a  Kt* 
turn  imdcy  Thzz  captus  oT  detentusfuit  per  Dami' 
fjos  or  per  duos  (take  it  either  Way)  de  Confi/io  Re^ 
giSi  pro  Rjbus  Re^em  tangentibus.    This  Book  is 

aa 


Of   E  N  G  L  A  N  D.      ^7 

Authority  in  this  Point,  for  the  King:  For  the  An.  4. Charles i. 
Return  is  accepted  of,  and  allowed  to  be  good.       *^*^ 
But  I  confefs  ingenuoully,  I  do  not  much  rely  up- 
on this  Book  neither,  on  this  Side ;  becaufe  the 
Matter  is  not  debated  at  all  there ;  but  pafTeth  by 
Way  of  Admittance. 

*  The  next  is  the  Refolutbn  of  all  the  Judges,  ^ 
in  34.  Eliz.     Here  Mr.  Attorney  read  the  latter 

Part  of  it,  which  concerneth  this  general  Queftion ; 
all  the  former  Parts  being  of  Commitments,  made 
by  particular  Counfellors,  to  the  Prejudice  of  parti- 
cular Perfons  in  their  Suits;  and  many  Times  in 
their  Executions  after  Judgments;  But,  in  this  lat-  ' 

ter  Part,  asappeareth  by  the  Words,  it  doth  agree. 
That  the  Courts  of  Juftice  ought  not  to  deliver, 
or  bail,  where  the  Commitment  is  by  the  Com* 
mand  of  thcL  King  or  his  Council.  And  touching 
the  Return  of  the  Caufe,  upon  an  Habeas  Corpus^ 
they  agree  it  ought  to  be  either  generally,  or  fpeci- 
ally,  cxprefled  :  If  then  a  general  Expreflion  be  e- 
nough,  it  is  agreeing  with  the  general  Return  of 
Per  Mandatum  Domini  Regis:  And,  if  it  muft  be 
fpecial,  it  muft  be  fo  fpecial  as  that  all  the  Cir-  , 

cumftances  muft  be  made,  to  appear  to  the  Court,  . 
that  they  may  be  able  to  judge  thereof.     There- 
fore, that  Refolution  of  all  the  Judges  is,  in  my 
Undcrftanding,  very  plain  and  clear  in  this  Point  j  / 

but  I  fubmit  it  to  your  Lordfhips  Judgments. 

•  Next  is  the  Opinion  of  the  Judges,  in  13. 
yac.  in  the  King's  Bencb^  upon  the  Debate  oiRuJ^ 
/eh  Cafe :  And  here,  by  the  Way,  I  muft  be  bold 

to  obferve  thus  much  unto  your  Lordftiips,  that, 
altho'  this  be  the  Report  of  a  private  Student  and 
not  in  Print ;  yet  it  is  fuch,  and  of  that  Nature, 
as  all  other  Reports  are,  (^being  faithfully  collefted) 
whereupon  we,  who  are  Profeflbrs  of  the  Law, 
do  ground  Opinions:  And  wherein  Judges  of 
fticcecding  Times  do  ground  themfelves,  iipon  the 
Opinions  of  their  worthy  Predeceflbrs:  And  fuch 
Reports,  whether  in  Paper  or  in  Print,  areof  equal 
Auihority  with  us.  For  ihefe  which  are  printed, 
hy  the  Labours  of  ihofc  worthy  Men,  who  have 
.      .  C  3  ti^l^^i^ 


w 


.38    The  "Parliamentary  History 

Aii.4.Chiri(il,Takcn  Pains  therein,  were  firftcollefled  out  of  fuch 
i6it.       Reports  in  Paper.    The  Words  of  this  Report  I 
{hall  read  to  your  Lordfliips  throughly,  becaujis  they 
confirm  many  Paflagcs  in  thefc  Conferences. 

'  The  Words  are  ibefe :  Ceie,  Croekt,  Doddt' 
ridge,  and  Haughioa,  Juftices,  did  hold,  That  i 
Return  that  one  iscommlUed  Ptr  Mandatumpri' 
vaiiConfilii  Demsni  Regis t  was  good  enough,  with- 
out reluming  any  Caufe :  For  it  is  not  fit  that  the 
jfrcana  Imperii  {iiou]d  be  difclofcd;  And  as  to  the 
Cafe  of  Harcourt,  in  40.  Eliz.  (a  Cafe  remeni» 
bered  amongft  (he  Precedents  cited  before)  where, 
in  the  Time  of  Papham,  Chief  Juftiee,  one  was 
committed  to  the  Tower  for  High  Treafon,  and 

►  was  bailed  upon  an  Habeta  Corpui  feiit  for  him: 
I  This  was  by  a  fpeciai  Command  of  the  Q^ieen,  oc 
I  of  the  Privy-Council,  and  not  otherwife:  And  of 
I  later  Time,' when  one  was  coraniiited  to  Prilbn 
I  for  the  Powder  Plot,  he  was  bailed  by  ihem  upon 

an  Habeas  Corpus:  But  this  was  by  Letters  of  the 
I  Ptivy- Council ;   which  gave  Warrant  fo  10  do: 

►  Which  Letters  are  filed  in  the  Crown-Office, 
t  My  Lords,  thefe  are  the  Letters  which  concerned 

£eetiviih  and  Reyner ;  and  which  have  been  read 
already  to  your  Lordthips. 

•  In  34..  E/iz.  it  was  refolved  by  all  the  Judges 
of  England,  That  the  Caufe  of  the  Commiimenr 
fhould  not  be  reiuined ;  and  therefore,  where  Sir  S*? 
muel  Salienjfall  was  returned  to  be  committed  Per 
Manddtum  privali  Ca/ifi/ii  Domini  Regis,  the  Courif 
1  would  not  meddle  with  him  i  But  held  the  Return 

^^^1  fufiicient  enough.     And  Sir  Edward  Csh,   being 

^^H  then  Chief  Juitice  of  that  Court,  laid,  That  if  the 

^^^P  Privy-Council  commit  one  to  Piifon,   he  is  not 

^^H^  bailable  by  any  Court  in  England:  For  where  ih« 

■  Statute  of  Wtflminjier  \.  faiih.  That  he,  which  is 

ccmmiiied  to  Prifon  by  the  Commandment  of  the, 
^  King,  cannot  be  let  to  Mainprize  ;  Stamfard  makes 

this  Inreipretaiion,  Th:it  by  the  King  is  welt  in- 
tended his  Privy-Council,  who  are  the  reprefcnra- 
live  Body  of  ibe  King.  And  thai  Sir  Edivard  Coke. 
jdded.  He  knew  a  Eili  p'Jt  in  by  Mr.  Mcrice,  A\- 
:■   ""  torneji 


^       0/    E  N  G  L  A  N  D.      jp 

forney  of  the  Court  of  Wards,  into  Parliament  ;**4'Cl 
by  which  it  was  defired  thai  the  Statute  oi Magna 
Chiirta,  Chap.  zg.  might  be  explained. 

*  My  Lords,  by  ihe  Words  of  this  Cafe  thus  re- 
ported, and  by  the  Opinion  of  ihofe  reverend  Judges, 
you  fee  how  many  Things  before  cited  have  Autho- 
rity and  Life  given  unto  them ;  not  only  in  the 
main  Point  in  the  Queftioo,   but  in  the  Reafm  ~ 
thereof-     Your  Lordfhips  fee  the  true  Reafon  of  ", 
Haniurl's  Cafe,   and  of  Beciwitb's  and  Reyrier'9 
Cafe;  the  irue  Meaning  of  ibe  Refolution  of  34. 
£A*z.  by  all  the  Judges;  (which  is  now  endeavoured  • 
to  be  turned  into  another  Senfe)  alfo  thcExporuioa 
of  the  Statute  oi  WtftmifiJ}er  i.  and  the  Interprc-  - 
tation  of  Scamfard  likewife  thereupon ;  and,  laltly, 
that  a  Bill  was  preferred  in  Parliament  to  explaitl 

the  Statute  of  Magna  Charta : And  1  wi(h» 

with  all  my  Heart,  that,  by  the  Wifdom  of  both    , 
the  Houfes,    a  fitting  Bill  might  be  preferred  t« 
compofe  and  to  fettle,  well  and  equally,  thisgreat 
Queftion. 

*  Next  I  come  to  the  Opinion  delivered  in  the 
Parliament  Houfe,  in  18.  jai.  whereof  I  made 
Ibme  mention  before;  and  now  am  put  in  Mind 
of  it  again  by  an  Occafioii  offered,  Yefterday,  by 
one  of  my  Lords  in  mentioning  of  it :  It  was  the 
Words  of  the  reverend  and  learned  Gentleman  Sit 
Edward  Coke ;  upon  whofe  Opinion  I  have  much 
grounded  myfelf.  It  was  upon  Occafion  of  a  Bill, 
then  preferred  in  Parliament,  entitled.  An  AS 
for  the  better  ficuring  the  Subjeiffrom  wrsngful  Im- 
trifianunt,  anirary  ta  Magna  Charta,  Cbap,  Zt). 
This  Bill  came  to  a  fecond  Reading  in  the  Houie,  .  I 
May  ^.  19.  Jac.  I  being  then  a  Member  of  that 
Houfe.  Upon  this Occalion  Sir  ^iifdri/Cfll*  ftoorf 
up,  and  raid  thus;  (Ihavea  Mole  e/  the  very  ff^ards ;) 

.*  There  are  di^rs  Matters  of  State,  which  are  not 
to  be  compreheiided  in  the  Warrant ;  for  fo  they 
may  be  difclofed.    One  committed  by  Ihe  Body 
of  the  Council  is  not  bailable  by  Law.  Rcfolvcd  lo  . 
by  all  the  Jjdges  ml  fray's  Time,  (thai,  my  Lorilg, 


;  KefoIiit'On  of  54.  E!iz.   when  If-Uy  ' 


Chief 


I 


40    Vis'Parliatjtentary  History       \ 

*o.4.Ch»r]«l.  Chief  Jiiftice,)  upon  the  Commitment  of  ihe  King' 
or  the  Body  of  the  Council;  For  this  is  quite  out 
of  the  Statute  of  Megno  Charta.' 

*  My  Lords,  that  it  may  appear  it  was  not  a 
fudden  Opinion,^  this  being  the  5ih  of  May ;  on 
the  18th  of  the  fame  Month  this  Bill  was  again  of- 
ferrcd  to  the  Houfe  to  be  committed;  and  then 
Sir  Edward  Coke  fpakc  to  it  again,  and  faid,  '  That 
in  33.  Henry  VI.  upon  an  Haieas  Csrpus,  where 
a  Party  was  imprifoned  by  two  Privy  CoUnfellors, 
pro  rsl/Ui  Regim  tangentibui  j  that  being  the  Return 
it  was  allowed :'  ('i\i!s,  my  Lords  was  Pejfning'a 
Csfe  before  cited)  And  he  faid  further,  *  That  it 
was  fo  held  in  Qycen  El7:abe(h'i  Time,  by  thg' 
Judges,  where  the  Commitment  Is  by  the  Ptivy- 
fcouncil;  and  he  thought  this  fo  reafonablc,  thai 
he  moved  for  the  Bill  10  be  recommitted ;  and  ia 
it  was,  or,  rather,  it  was  committed  perpetually  i 
for  no  more  was  done  upon  that  Bill.' 

'  My  Lords,  I  have  now  done  with  thofe  Opi- 
nions and  Rcfolutions ;  faving  that  I  muft  crave 
your  Patience  thus  far,  to  put  you  in  Mind  of  the 
many  Precedents  your  Lordthips  have,  heard :  For 
every  one  of  them  is  alfo  a  Refolution  of  thofe 
Judges,  which  gave  the  Rule  in  ihefc  feverai  Cafes. 

'  My  Lords,  I  come  now  10  the  laft  Part, 
which  are  the  Reafons  that  have  been  offered  on 
either  Side ;  wherein  I  (hall  not  trouble  your  Lord- 
fliips  long.  The  Reafons  delivered  on  the  other 
Part  have  been  many,  colledled  and  applied  with 
a  great  deal  of  Art  and  Judgment.  It  is  not  my 
Purpofe  10  anfwer  every  one  of  them,  particular- 
ly i  but  I  fliali  number  them  as  1  can  ciU  them  ttj 
Mind  ;  and  fum  them  up  iog:eiher;  and  then  give 
them  an  Anfwer:  And  fo  come  to  fucb  as  I  ibatl 
humbly  offer  on  the  other  Side. 

'  It  hath  been  faid  by  that  learned  and  worthy 
Gentleman,  who  delivered  thofe  Reafons  j 

I.  '  That  if  the  King  might  thus  commit,  with- 
out Caufe,  the  free  Subjeits  were  in  the  Cale  of 
Villains. 
,  .8.  *  Na/  ia  wo(:fe  Cad;  tfeap  ViUainSf 

3.  *Tl^t 


Of  ENGL  AN  I>.      41 

)•  *  That  Imprifonment  is  counted  a  civil  Death;  An.  4.  cbaiwi. 
and  therefore  a  Man  imprifoned  is  as  a  dead  Man.  <6^ 

4.  '  That  the  leaft  corporal  Puniihment  is  greater  , 
than  the  greateft  pecuniary :    therefore,   if  the 

King  cannot  infill  the  lefs,  as  the  alTeffing  of  a 
Fine,  he  Cannot  do  the  greater,  which  is  the  im* 
prifoning  of  the  Body. 

5.  *  That  there  are  Diverfities  of  Remedies  a- 
gainft  Imprifonmeni,  therefore  fome  Remedy  moft 

be  applied  for  this.  ^ 

6.  '  That  this  extend^  to  all  Perfons,  of  all  De^ 
grees,  of  all  Qualities :  Therefore  it  is  commune  Pi* 
rUuhm, 

7.  ^  That  it  is  indefinite  for  Time ;  and  fo  may 
be  a  perpetual  Imprifonment. 

*  Arguments  were  drawn  a  Fif^y  ab  Honejti^ 
ab  Utili^  a  Tut^. 

*  And,  laftly,  two  Authorities  were  remcia-» 
bered  by  hirt. 

'  All  thefe  Reafons  I  fliall,  with  your  Favour, 
reduce  to  one  general  Head :    The  Liberty  of  th$ 

free  Subje^  of  this  Kingdom ;  which  is  of  great  Ef-     * 
teem,  and  is  the  Inheritance  of  the  Subjedt.    I  acr 
knowledge  it  to  be  very  true  that  which  hath  been 

.  iaid  thereupon :  And  I  am  alfo  of  this  Mind,  That 
be  is  not  worthy  to  enjoy  his  Liberty,  who  would 
not)  by  all  juft  Means,  endeavour  to  preferve  ami 
maintain  it. 

^  I  know  it  is  a  plaufible  Argument ;  but  I  (hail 
humbly  defire  to  lay  in  the  other  Scale  thefe  Rea- 
fons, which  I  (hall  offer  unto  you  on  the  other 
$ide,  why  perfonal  Liberty,  in  fuch  Sort  as  is  de- 
fired  by  the  Refolutions  of  the  Commons,  cannot 
poffibly  be  allowed  of  in  that  Latitude  therein  fet 
down :  But,  Before  I  come  to  thefe  Reafons,  Khali 
crave  Leave  to  remember  unto  you  the  Cafe  of 
3  J.  Henry  VIL  in  Parliament,  and  the  other  two 
Authorities,  which  were  cited  by  this  Reverend 
and  learned  Gentleman. 

*  And,  my  Lords,  as  an  Inference  was  drawn 
^  th^  Qthe^  Side}  out  of  the  Record,  of  a  Peti- 
tion 


HP         4 1     Tfje  Tafl'tammtary  H  f  s  T  o  r  t 

*ifc-4.«nrJ«l,tion  in  Parliament,  36.  fJiciirrf  III,  M  p.  wher« 

*^'^       the  Petition  is  in  French,  that  the  Commons  pray. 

That  (he  Statute  of  Magna  Churta,  and  the  other 

1^^^  Statutes,  might  be  duly  obferved,  Sens  Dijiurbance 

j^^H'  mellre,  cu  Arrijl  faire  al  cmlrt:    Thefe   Wordj 

^^pi-  have  been  expounded  to  extend  10  perfonal  Arreft 

^^f'  of  theSubjeft:  But  Icorceive  the  Scnfe  of  thefe 

Words  cannot  bear  ihat  Expofition  ;  for  the  true 

underllanding  of  them  muft  needs  be  thus,  That 

Magna  Charia,  and  the  other  Statutes,  be  put  in 

I  due  Execution,  without  any  Diflurbance  er  Dtlay 

wade,  Br  Hindiranct  to  the  conlrary.  And  to  thefe 
the  King  made  a  full  Aniwer,  '  That  it  fhould  be 
done  as  was  defited.'  And  I  (ha!I  willingly  fub- 
fcribe  thereto.  For  the  Truth  of  this  Expofition  I 
fubmit  myfelf  to  the  Judgments  of  my  Lords,  who 
are  much  belter  able  to  judge  of  the  true  Meaning 
of  the  Frtnth  Words  than  I  am. 
'  It  has  been  urged,  That  in  the  2S.  Henry  VI. 
N.  16.  The  Commons  in  Parliament  deiired  tha,t 
the  Duke  of  Suffoli  might  be  committed;  the 
Lords  and  Judges  anfwered,  he  ought  not  to  be 

committed  without  a  Caufe  fhewed. My  Lords, 

I  acknowledge  this  to  be  a  very  juft  Refolution  ; 
but  give  me  Leave,  I  pray  you,  to  obferve,  by  the 
Way,  that  here  the  Commons  in  Parliament  pre- 
ferred a  Requeft  to  the  Lords ;  which,  upon  belter 
(Examination  of  the  Juftnefs  of  it,  was  denied  by 
the  Lords  {being  aflifled  by  the  Judges)  to  be  yield- 
ed unto.  And  for  the  Refolution  itidf,  it  was  very 
juft  and  honourable :  For  it  were  not  realbnibie 
for  a  Court  of  Juftice,  efpecially  fo  high  and  fo 
great  a  Court  as  the  Court  of  Parliament,  to  com-* 
mit  any  to  Prifon  without  a  juft  Caufe.  But,  my 
Lords,  whether  this  can  be  fitly  applied  to  the  Cafo 
of  the  King,  01  the  Lords  of  tiie  Council,  who 
commit  for  fome  great  Caufe,  in  reafon  of  State, 
untill  a  due  Examination  may  be  had  of  the  Caufe, 
I  humbly  fubmit  to  your  Judgments. 

'  Another   Argument  was  out  of   ihc  Afls  of 
;he  Apoftles,  Chop.  25,    the  Ult  Vcrlcj  where 


0/    ENGXANa        43 

Fiflm  being*  then  Viceroy,  or  Deputy  to  the  Em-  AA,^i^ik$  L 
peror,  and  having  a  Purpofe  to  fend  Paul  unto  **•• 
Cafavj  faid,  *  He  thought  it  utireafonable  to  fend 
him,  and  not  to  fend  with  him  the  Caufe  of  his 
Commitment.'  My  Lords,  I  acknowledge  it  to 
be  a  very  difcreet  Refolution  of  Fejiui ;  who,  al* 
tho'  he  was  a  meer  moral  Man,  yet  he  held  a  wife 
and  difcreet  Pofition ;  not  to  fend  a  Prifoner  to  O^ 
j&r,  his  Superior,  to  whom  he  was  to  give  an  Ac- 
count, and  not  to  fend  with  him  the  Caufe  for 
which  he  fhould  be  tried,  and  of  which  he  was 
accufcd.  But,  my  Lords,  whether  this  do  prove 
any  Thing  in  our  Cafe  in  Queftion,  I  humbly  refep 
to  your  Judgments  ;  where  not  the  Inferior  to  his 
Superior,  but  the  Superior  to  his  Inferior  fends  the 
Prifoner,  to  whom  he  is  not  bound  to  give  that  Ac- 
count. 

*  And  now,  my  Lords,  I  come  to  the  Reafonsi 
which  I  (hall  humbly  offer  on  the  other  Side,  a- 
gainft  this  Tenet  of  the  Houfe  of  Commons,  ii^ 
fuch  Manner  as  it  is  laid  down  i  wherein  I  muft 
firft  crave  Leave  to  lay  before  you  what  Conclu-* 
lions  do,  neceflarily,  follow  out  of  this  Propofitba 
of  the  Commons. 

1.  *  If  the  Caufe  of  the  Commitment  muft  \^ 
laid  downi  then  neceflarily  it  muft  be  affirmed; 
that  this  muft  be  the  true  Caufe,  and  not  a  falf^ 
or  feign'd  Caufe :  For  that  were  worfe  than  to  ex* 
prefs  no  Caufe  at  all. 

2.  *  It  muft  be  exprefled  at  the  Time  of  the 
making  of  the  Warrant  for  the  Commitment  3 
which  is  inftantly  and  prefently;  and  from  thi| 
there  muft  be  no  varying. 

:3.>  It  muft.  be  exprefled  fo  fully,  as  that  the   ' 
Court  muft  be  able  to  judge  of  it  from  itfelf ;  iajt 
if  it  be  an  uncertain  Caufe,  or  fet  down  fo  lamely 
as  not  to  give  full  Satisfadion  to  the  Court,  it  is 
as  bad  as  none  at  all. 

Lajily^  'It  muft  be  a  legal  Caufe:  Such  a  on^ 
as,  by  the  fundamental  Rules  of  the  Law,  the 
Judges  muft  judge  it  a  good  Caufe  of  Commitr 
.^^t  0/  Decainerji  or  elfe  they  rriuft  prefcntly  dif- 

cl^arg^ 


T 


44    7be  Parliamentary  Hi  stort 

*o.  4.  Charles  J.  charge  or  bail.     Then,  upon  ihefe  Premifes,  dolh 
i5i8.        this  Conciufion  naturally  follow,  That  in  110  Cafe 
whailbever,  may  any  Man  becommiited  or  retrain- 
ed for  any  Thing,  never  fo  much  concerning  the 
State ;  but  that  forthwith  the  Keeper  of  :iie  Prifon 
'  '  muft  be  acquainted  with  the  Caufe  fo  fully,  as  that 

he  may,  truly  and  wiiliout  Variation,  inform  ihe 
Court  thereof,  when  it  ftiall  be  required;  and 
Ihat  Caufe  muft  hold  ihe  ftritteft  Examination  and 
Trial  of  ihe  Law  :  Which,  if  it  (hould  be  admit- 
1  ted,  your  Lordftiips  fliall  fee  what  infinite  Peril  it 

I  might  bring,  not  only  to  the  Perlons  of  private 

I  Men,  (which  are  not  lo  be  neglefled)  but  10  the 

whole  State  ;  the  very  Fabrick  and  Frame  of  Go- 
vernment under  which  we  live. 

'  But  it  hath  been  objeited.  That  if  the  King,  or 
the  Council,  may  commit  wiihout  fhewing  Caufe, 
it  would  be  infinitely  full  of  Mifchief .-  For  as  the 
King  may  commit  one,  fo  he  may  commit  any,  or 
many:  Ashe  may  commit  for  a  juft  Caufe  j  fp 
he  may  commit  without  a  Caufe :  As  he  may 
commit  for  a  Time;  fo  he  maycomtnlt  loa  perpc- 
.  tual  Imprifonment.     To  this  I  anfwer.  That  it 

cannot  be  imagined  of  the  King,  ihathe  will  at  any 
Time,  or  in  any  Cafe,  do  Injuftice  to  his  Subjeilis, 
It  is  a  Maxim  in  our  Law,  I'iiat  the  King  mn  da 
M  Wrong:  Therefore  the  King  can  give  no  Land 
bx,  Difieifin,  as  in  i.  Edward  V,  Fal.  8.  He  can 
give  no  Advowfon  by  Ul'urpAtion,  as  in  32.  H*n- 
ry  VIU.  FoL  48.  And  this  is  fo  far  from  being  a 
Defeit  or  Impoiency  in  the  King,  that  it  is  held 
for  a  Point  of  his  Prerogative ;  as  it  is  laid  in  the 
Lord  Bsriley^s  Cafe,  in  Mr.  Phwdenh  Commen- 
taries. The  Reafon  is,  as  the  King  is  fupreme  Go- 
vernor of  his  People,  ioheh Pater Patria -y  there- 
fore he  cannot  want  the  Affsftion  of  a  Father  to- 
wards his  Children. 

'  Now,  my  Lords,  I  (hall  inftance,  in  fome 
Cafes  of  Importance,  wherein,  for  a  Time,  one 
may  and  mult  be  imprifoned,  and  yet  the  Cauie 
of  it  nor  prtfenily  rendered  ;  as  in  the  Days  cf 
Queea  Elizabtth,  which  many  of  the  Lords  can- 


Of   EN  GLAND.      4s 

not  but  call  to  mind.     There  was  a  great  Confpi-  Ao.4.ciurlttI. 

racy  againft  the  Perfon  of  the  Queen  :  Some  were       *^«^ 

laid  hold  on,  committed,  and  imprifoned  ;  but  they 

could  not  be  proceeded  againft  :  Nor  was  it  fafe  to 

reveal  it,  untill  one  Owen^  a  Pricft,  living  then  xt 

Bfvffels^  could  be  caught.     This  required  a  long 

Time  (above  a  Year)  to  bring  it  to  pafs  j  at  laft, 

by  2L  Wile,  he  was  laid  hold  upon,  and  brought 

over.    Now,  if  fo  much  as  the  general  Caule  had 

been  publiflied,  it  would  have  been  more  difficult 

to  have  gotten  Owen  ;  and,  happly,  without  him, 

the  Plot  could  not  have  been  difcovered.    Would 

any  Man  have  thought  fit  that,  in  this  Cafe,  the 

others  Ihould,  in  the  mean  Time,  have  been  fet  at 

Liberty  ?  I  appeal  to  the  Judgment  of  my  Lords, 

whether  there  be  not  a  Neceffity  in  the  Affairs  of 

State,  fometimes  to  give  forth  one  Thing  for  a 

Pretence  to  fecrete  the  true  Intension  of  the  A<5lion* 

*  I  fhall  give  you  another  Inftance  in  the  Trou* 
ties  of  Ir^hnd.  O  Donnelly  the  Arch- Rebel  wai 
jDain ;  his  Sons,  being  then  Infants,  were  brought 
over  into  England^  and  committed  to  the  T^wer^ 

and  lived  therein  all  their  Lives  after.   Admit  thefc  ^ 

were  brought  to  the  King's  Bench  by  Habeas  Cor* 

pus^  and  the  Caufe  returned,  what  Caufe  can  thert 

be  which  could  hold  jn  Law  ?  They  themfelvcs 

neither  had  done,  nor  could  do  any  Offence :  Thaf 

were  brought  dver  in  their  Infancy.    True  ;  but 

their  Father  was  an  Arch-Traitor.     Is  this  a  legal 

jCaufe  of  detaining  the  Son  in  Prifon  ?  Yet,  would 

any  Man  believe  that  it  were  fafe,  that  it  were  fit^ 

to  deliver  thofe  Perfons  f  Yet  this  general  TencSt 

jgdmits  of  no  Exception. 

*  Infinite  other  Examples  might  be  given.  How 
often  do  we  fee  the  State  interpofe  in  ordering  the 
Qovemment  of  Trades,  of  Companies,  of  private 
Corporations ;  and  with  very  good  Succefs :  For 
■ibe  Peace  of  tbefe  petty  Governments  doth  preferve 
the  Peace  and  Quiet  of  the  great  Frame ;  and  the 
Common  Law  can  give  no  Rule  in  thefe  Things. 

*  Upon  this.  Occafion  I  have  looked  into  fora© 
AcUof  Sta^ft  in  Queen  Elizabeth'^  Time  j  which 

.1 


46    TheTurliamentary  HtsTokr 

A11.4  Owkil.I  (hall  be  bold  to  offer  to  your  Lordfliips  Judgt 
•'**■  menis.  In  ihe  Times  of  Dearth,  left  the  Poor 
fhould  ftarve  and  perifh,  the  Farmer  was  com- 
manded lo  bring  forth  his  Corn  to  ferve  the  Mar- 
ket, to  fell  at  a  reafonable  Price :  Is  there  any  Law 
to  order  or  compel  this  ?  Yet,  is  not  this  fit  to  be 
done?  In  Queen  Elizabeth's  Time,  before  an/ 
Law  was  made  agalnft  'Jfptin  or  Seminary  Priefls ; 
before  any  Law  was  made  for  confining  of  Pspljh 
Recufanti ;  the  one  Sort  were  imprifoned,  the  other 
confin'd,  in  Times  of  Danger,  by  the  Adls  of  the 
State  only  :  And  would  it  have  been  fit  to  have  de- 
livered, or  bailed,  thcfe  upon  a  Habeai  Corpus  F 

*  But  the  true  Aniwer  for  thele.  and  the  like 
Cafes,  is.  That  it  is  not  contrary  to  ihe  Laws: 
For  33  God  hath  truiled  the  King  with  governing 
the  whole ;  fo  hath  he  therefore  trufted  him  with 
ordering  of  the  Paris :  And  there  are  many  CafeSj 
of  infinite  Importance  to  the  Subjedt,  and  of  un- 
doubted Truft,  repofed  in  the  King  j  wherein,  not- 
withihnding,  it  was  never  queftioned  by  a  Eubjeft 
of  the  King,  why  he  did  thus  and  thus.  It  may 
be  urged,  It  the  King  is  tnifted  with  the  Coins  and 
Monies  of  the  Kingdom,  he  niay^^h-'s  own  ab- 
folute  Power,  abale  or  inhance  tbem  ;  he  may  turn 
our  Gold  or  Silver  Money  into  Brafs,  or  bafe  Mo- 
ney, and,  in  one  inftant,  undo  his  People  therdiy, 

If  he  is  to  be  irufted,  he  may  make  Wars  ; 

he  may  conclude  Peace  or  Leagues ;  and  thefe  may 
be  fatal  to  the  whole  Kingdom ;  to  the  Liberty 
and  to  the  Lives  of  his  Subjefts.     The  Anfwer  is, 

He  will  not  do  this  to  the  Hurt  of  his  People 

Again,  it  may  be  faiJ,  He  hjth  Power  to  pardon 

Traitors  and  Felons ;  the  good  People  of  the  Laijd 

I  may  fuffer  by  too  great  an  Extent  of  Mercy ;  and 

the, Good  may  be  devoured  of  the  Bad.    No,  ihc 

King  will  not  do  Hurt  to  his  People  thereby. 

The  King  hath  Power,  without  Number  or  Li- 
mitaiion,  to  make  Strangers  to  be  Denizens:  It 
may  be  (aid  that  this  lets  in  a  flood  of  Strangers  to 
eat  up  the  Bread  of  natural-born  Subjeds:  Bat 
this  /cceives  the  fjiine  Anfwer,  The  King  will  not 
biealfc 


0/   E  N  G  L  A  N  D.       47  ^ 

treak  the  Truft  committed  td  him  by  God. An.  4, cinritu* 

But  my  LordS)  do  1,  by  this,  fay  or  mninrain,  that  U»&. 
a  King  hath  Liberty  to  do  what  he  lifts  ?  No,  God 
forbid  :  He  is  fet  over  bis  People  for  their  Good ; 
and  if  he  do  tranfgtefs  and  do  unjuftly,  there  is  a 
greater  than  he,  the  King  of  Kings ;  rejpundet  Su- 
periori.  And  as  Braiien,  an  old  Writer  of  the 
Law,  faid.  Satis  el  Ji'fficit  ad  Pcenam,  quad  D9- 
minum  ixpeiiat  uilorem. 

'  1  beg  Leave  to  conclude  with  obferving,  that 
thefe  Gentlemen  of  the  Houfe  of  Commons  have 
done  like  true  EngUJhmia,  to  maintain  their  Liber- 
ties by  all  The  good  and  fit  Means  ihey  may  ;  and 
myfelf,  as  one  of  the  Number,  Ihall  defire  it  lite- 
wife:  But  I  fear  alfo  they  have  done  like  jtght  En- 
glijhmen ;  that  is,  as  we  ufualiy  fay  in  our  Proverb, 
they  have  averdent  it:  They  have  made  their  Pro- 
pofition  fo  unlimited,  and  fo  large,  tliat  it  cannot 
poflibly  (tand;  and  it  is  incompatible  wiih  that 
Form  of  Government,  which  is  Monaichy,  undcJ 
which  we  happily  live.' 

Sergeant  AJInty.  '  My  Lords,  I  hope  it  will  nei- 
ther be  offenfivc  nor  ledious  to  your  Lordfliips,  if 
I  fay  fomewhat  to  fecond  Mr.  Auorney  ;  which  I 
rather  defire,  becaufe  Yeiterday  it  was  taken  by  the 
Gentlemen  that  argued  on  the  Behalf  of  ihe  Com- 
mons, That  the  Caufe  was  as  good  as  gatn'd  by 
ihem,  and  yielded  by  us,  in  that  we  acknowledged 
the  Statute  0/  Magna  Charta,  and  the  other  fub- 
fequent  Statutes  to  he  yet  in  Force  :  For  from  this 
they  inferred  this  general  Cooclufion,  That  there- 
fore no  Man  could  be  committed,  or  imprifoned, 
but  by  ducPrccefs,  Prefeniment,  or  Indiilment  j 
which,  we  fay,  is  a  ISan  fiqu  tur  upon  fuch  our  Ac- 
knowledgment :  For  then  it  would  follow,  by  ne- 
ceiTary  Confequence,  That  no  Imprilijnmeni  could 
be  juftifiable  but  by  Procefs  of  Law ;  which  we 
mtetly  deny  :  Fur  in  the  Cafe  of  a  Conflable,  cited 
by  Mr.  Attorney,  it  is  moft  clear  ih.it,  by  the  an- 
licnt  Law  of  ihe  Land,  a  Conftable  mi^ht,  ex  Of- 


4S     7he'Parliamentary1i\%'T0Kr         ' 

Aii.4.ChiiiMi./n«,  wilhout  other  Warrant,  arreft  and  reftraln  a 
'*"*■  Man  to  prevent  an  Affiay,  or  in  ihe  Time  of  an 
Affray  to  fupprefs  it;  and  fo  is  the  Authority  in 
57.  Henry  VIII.  Break's  Abr,  So  may  he,  after  the 
Affray,  apprehend  and  commit  10  Prifon  the  Per- 
fon  that  haih  wounded  a  Man,  that  is  in  Peril  of 
Death,  and  that  without  Warrant  or  Proccfs  ;  as 
it  is  in  38.  EdwardlW.  Fol.  6.  Alfo any  Man,  that 
is  no  Officer,  may  apprehenda  Felon  without  War- 
rant or  Writ ;  and  purfue  him  as  a  Wolf,  a  com- 
mon Enemy  to  the  Common- Wealth,  as  the  Best 
is  14.  Henry  VIII,  Fol.  16.  So  may  any  Man  ar- 
reit  a  Night-walker ;  becaufe  it  is  for  the  common 
Profit,  as  the  Reafon  is  given,  4.  Henry'WW.  Fd.  (8. 
and  fo  may  a  Watchman,  4.  HtntyVll.  Fol.  2. 
In  like  Manner  the  Judges,  in  iheir  feveral  Courts, 
Inay  commit  a  Man,  either  for  Contempts  or  Mif- 
demeaoors,  without  any  other  Procefs  or  War- 
rant, than  'take  him  Sheriff',  or  7ake  him  Marjhalt 
br  Warden  of  the  Fleet:  And  the  Adverfary  will 
not  deny  but,  if  the  King  will  alledge  a  Caufe,  hs 
may  commit  a  Man  only  by  his  Mundatum,  as  iha 
Judges  do,  wilhout  other  Procefs  or  Warrant. 
And  various  are  the  Cafes  that  may  be  inftanced, 
where  ihere  may  be  lawful  Commiiment  without 
Procefs;  And  therefore  the  Words  in  the  Statu tCj 
per  Legem  Terra,  cannot  be  reftrained  to  fo  narrow 
Bounds  as  to  Imprifonmen:  by  Procefs :  Wherefore 
- 1  do  pofitively,  and  with  Confiiiencc  affirm.  That  , 
if  the  Imprifonment  be  lawful,  let  it  be  by  Procefsj  , 
or  without  Procefs,  it  is  not  prohibited  by  this  Law. 
'  This  being  granted,  then  the  Qiiellion  will  apt- 
ly be  made.  Whether  the  King  or  Council  may 
commit  to  Prifon  per  Legem  Terns?  And,  if  they" 
may,  Whether  of  Neccfliiy  they  are  obliged  to  de- 
clare a  Caufe  I  To  clear  this,  we  muft  confider 
what  is  Lex  Terra;  which  is  not  fo  ftriflly  to  be 
taken  as  if  Lex  Terns  were  only  that  Part  of  the 
Municipal  Law  of  this  Realm,  which  we  call  Com- 
mon Law  ;  for  there  are  divers  other  Jurifdiiflionj 
cxercifed  in  this  Kingdom,  which  ate  alfo  to  be 
leclcbned  in  the  Law  of  the  Land. 


Of   E  N  G  L  A  N  D.      45) 

^  In  Cawdrefs  Cafe,  In  Lord  Chief  Juftice  Coie^$  An.  4.  charici  r. 
5ih  Report,  Pol.  i.  the  Ecclefiaftical  Law  is  held  '^»^* 
thjs  Law  of  the  Land  to  puniHi  Blafphemies,  Apo- 
flacies,  Herefies,  Schifms,  Simony,  Inceft,  and  the 
like,  for  a  good  Reafon  there  rendered,  viz.  That 
otherwife  the  King  fliould  not  have  Power  to  do 
Juftice  to  Subjed:s  in  all  Cafes,  npr  to  punifh  all 
Crimes  within  his  Kingdom. 

*  The  Adrpir^lty's  Jurifdidion  is  alfo  Lex  Tirra^ 
fpr  Things  done  ppon  the  Sea  ;  but,  if  they  exceed 
this  Jurifdidion,  a  Prohibition  is  awarded  upon  this 
Statute  of  nuUus  Liber  Homo  \  by  which  it  appears 
the  Statute  is  in  jForce^  as  we  have  acknowledged. 

*  The  M^|rt|ai  Law,  likewife,  tho'  not  to  be  ex- 
ercifcd  in  Tidies  of  Peace,  when  Recourfe  may  be 
bad  to  the  King's  Courts  .j  yet,  in  Time  of  Inva- 
fioii,  or  other  Times  of  Hoftility,  when  an  Army 
Royal  is  in  tjie  Field,  and  Offences  are  committed 
which  reqijire  fpeedy  Refolution,  and  cannot  expedt 
the  Solemnities  of  legal  Trials,  then  luch  Impri- 
fonment.  Execution,  or  other  Juflice  done  by  the 
Law  Martial,  is  warrantable  5  for  it  is  then  the 
Law  of  the  Land,  and  is  Jm  Gentium ;  which 
ever  ferves  for  9  Supply  in  Defedl  of  the  Commod 
Law,  when  ordinary  Proceedings  cannot  be  had. 

*  And  fo  ir  is  alfo  in  the  Cafe  of  the  Law- Mer- 
chant, which  is  mentioned  13.  Edw,  IV.  FoL  9.  ^ci 
where  a  Merchant- Stranger  was  wronged  in  His 
Goods,  which  he  had  committed  to  a  Carrier  to 
convey  to  Southampton^  and  the  Carrier  embezzled 
fome  of  the  Goods ;  for  Remedy  wherein  the  Mer- 
chant fued  in  the  Star-Chamber  for  Redrefs.  It  is 
there  faid.  That  Merchant- Strangers  hare  the 
King's  fafe  Conduft  for  coming  into  this  Realm ; 
therefore  they  (hall  not  be  compelled  to  attend  the 
ordinary  Trial  of  the  Common  Law ;  but,  for  Ex-' 
pedi'tiony  fcall  fue  before  the  King's  Council  or  in 
Chancery,  de  Die  in  Diem^  tf  de  Hora  in  Horam  ; 
where  the  Caufe  (hall  be  determined  by  the  Law 
of  Nations. 

*  In  like  Manner  it  is  in  the  Law  of  the  State ; 
when  the  Neceffiiy  of  the  State  requires  it,  they 

Vol.  VIIL        .       D       .        .  do. 


^o    TheTarltaffientaryVLtsrotiY 

Aa.+.Chiileil,do.  and  may  proceed  according  to  natural  Equity* 
i6j8.  as  in  thofe  other  Cafes  ■.  Becaufe  iti  Cafes,  where 
the  Law  of  ihe  Land  provides  not,  there  the  Pro- 
ceedings may  be  hy  the  Law  of  natural  Equity : 
And  infinite  aie  the  Occorrents  of  State  unto 
which  the  Common  Law  extends  not ;  and  if  thofe 
Proceedings  of  State  fhoold  not  ajfo  be  accounted 
the  Law  of  the  Land,  then  do  we  fall  into  the  fame 
Inconvenicncy  mentioned  in  Cawdreyh  Cafe,  That 
Ihe  King  (hould  not  be  able  to  do  Juftice  in  ail 
Cafes  within  his  own  Dominions. 

'  If  then  the  King,  or  h]S  Council,  may  not 
commit,  it  muft  needs  follow,  that  either  the  King 
mull  have  no  Council  of  State;  or,  having  fuch  a 
Council,  they  muft  have  no  Power  to  make  Or- 
ders or  Afls  of  State-.  And,  in  this  Cafe,  they 
muft  be  wiihout  Means  to  compel  Obedience  to 
thofe  Afls:  And  fo  we  flial!  allow  them  Jurif- 
diiSlion,  but  not  Coercion  ;  which  will  then  be  as 
fruiilefs  as  the  Philofopher's  Fruflra  Potenlia^  qucs  . 
rtu/i^uam  redudtur  in  ASium.  Whereas  the  very 
Aft  of  IVeJlminjier  i.  (hews  plainly  that  the  King 
may  commit,  and  that  his  Commitment  is  lawful  \ 
or  elfe  that  Aft  would  never  have  declared  a  Man 
to  be  irrepleviable,  when  he  is  committed  by  the  . 
Comnund  of  the  King,  if  ihc  Law-malicrs  had 
conceived  that  his  Commitment  had  been  un-' 
lawf'jl. 

'  And  Divine  Truth  informs  us.  That  Kingg 
have  their  Power  from  God,  and  are  reprefenta- 
tivc  Gods;  the  Plalmid:  calling  them  ihe  Children 
tf  ihe Mojl  High ;  which  is  in  a  more  efpecial  Manner 
underftood  of  Kings  than  of  other  Men  :  For  all 
the  Sons  of  Jdam  are,  by  Creation,  the  Children  of 
God  5  and  all  the  Sons  of  Abraham  arc,  by  Re- 
creation, or  Regeneration,  the  Children  of  the 
Moft  High :  But  it  is  faid  of  Kings,  they  are  the 
Children  of  the  Moft  High,  in  refpett  of  the  Power 
that  is  committed  unto  them.  Who  hath  alfo  fur- 
nifhed  them  with  Ornaments  and  Arms  fit  for  the 
eJKrtiling  of  [hat  Power,  and  given  them  Scepters, 
Sworda 


i 


Of   EN  GLAND.      51 

Swords,  and  Crowns;  Scepters  to  inftitute,  andAn.4-ChirleiL 
Swords  to  execute  Laws,  and  Crowns  as  Enfigns       '  ^*' 
of  that  Power  and  Dignity  with  Which  they  are  in- 
vefted.    Shall  we  then  conceive  that  our  King  hath  , 

fo  far  tranfmitted  the  Power  of  his  Sword  to  infe- 
rior Magiltrates,  that  he  hath  not  referved  fo  riiuch 
fupreme  Power  as  to  commit  an  Offender  to  Pri- 
fon  P  ^ 

*  In  10.  Hen.  VI.  Fol  7.  it  appears,  That  a 
Steward  of  a  Court  Leet  may  commit  a  Man  to 
Prifon:  And  fliall  not  the  King,  from  whom  all 
ittferior  Power  is  derived,  have  Power  to  commit  ? 
We  call  him  the  Fountain  of  Juftice ;  yet  when 
thofe  Streams  and  Rivulets  which  flow  from  that 
Fountain  are  fre(h  and-  full,  fhould  we  fo  far  ex- 
hauft  that  Fountain  as  to  leave  it  dry  ?  But  they 
that  will  admit  him  fo  much  Power  as  to  com- 
mit, do  require  an  Exprefling  of  the  Caufe  !  I  de- 
mand then,  whether  they  will  have  a  General  Caufe 
alkdg'd,  or  a  Special?  If  a  General,  as  they  have 
inftanced,  forTreafon,  Felony,  or  a  Contempt? — 
But  (to  leave  Fencing,  and  to  fpeak  plainly,  as  they 
intend  it)  if  a  Loan  of  Money  (hould  be  required 
and  refufed,  and  thereupon  a  Commitment  enfue, 
and  the  Caufe  is  iignified  to  be  for  a  Contempt  j 
this  being  equally  far  from  yielding  the  Remedy 
fought  for :  Why  then,  truly,  in  the  next  Parlia- 
ment, there  would  be  required  an  Exprefling  of 
the  particular  Caufe  of  Commitment !  And  how 
unfit  it  would  be  for  a  King  and  Council,  in  all 
Cafes,  to  exprefs  the  particular  Caufe,  is  eafy  to 
be  judged  j  when  there  is  no  State  or  Policy  of 
Government,  whether  it  be  Monarchial,  or  of 
any  other  Frame,  which  hath  not  fome  Secrets  of 
State,  not  communicable  to  every  vulgar  Under- 
ftanding.  I  will  inft:ahce  but  one :  If  a  King  em- 
ploy an  Ambaflador  to  a  Foreign  Country  or  Stare, 
^ith  Inftruftions  for  his  Negotiation,  and  he  pur- 
fues  not  his  Inftruftions ;  whereby  Difhonour  or 
Damage  may  enfue  to  the  Kingdom,  is  not  this 
Caufe  of  Commitment?  And  yet  the  particular 

D  2  In- 


ji    TheTarl'iiimentary  History     " 

A«.4.CkMbti,Inftru£liona,   and  the  Manner  of  his  Mifcarriagei 

*'*'•       is  not  fit  to  be  declared  in  the  Wairant  '.o  the 

Keeper,  nor  by  him  to  be  rertificd  to  the  Judges, 

where  it  is  to  be  opened  and  debated  in  the  Prefencc 

^K  of  a  great  Audience. 

H  '  1  therefore  conclude,  that  for  Offenceaagainft 

■  the  State,  in  Cafes  of  State-  Government,  the  King 

or  his  Council  hath  lawful  Power  to  punifli  by  Im- 
prifonmentt  without  (hewing  particular  Caufe  ; 
where  it  may  lend  to  the  difclofing  of  the  Secrets 
o/Stale-Government. 

'  It  is  well  known  to  many,  how  much  I  have 
liboured  in  this  Law  of  theSubjedls  Liberty,  very 
many  Years  before  I  was  in  the  King's  Service,  and 
had  no  Caufe  then  to  fpeak,  but  only  examine } 
yet  did  I  then  maintain  and  publifh  the  fameOpinion 
which  now  I  have  declared,  concerning  the  King's 
fupreme  Power,  in  Matters  of  State  ;  and  there- 
fore I  cannot  juftly  be  cenfured  for  fpeating  it  at 
this  prefcnt,  only  to  merit  of  my  Mailer :  Bur,  if 
I  may  freely  fpeak  mine  own  Underftanding,  I 
conceive  it  to  be  a  Q;.ieftion  loo  high  to  be  deter- 
mined by  any  legal  Decifion ;  for  it  mult  needs  be 
z  hard  Cafe  of  Contention,  when  the  Conqueror 
muft  il't  down  with  irreparable  Lofs,  as  in  this 
Cafe :  For,  if  the  Subjedl  prevail  for  Liberty,  he 
lofes  the  Benefit  of  that  State- Government,  with- 
out which  a  Monarchy  may  foon  become  ao 
Anarchy  :  Or,  if  the  State  prevail,  it  gains  abfo- 
lute  Sovereignty,  yet  lofes  the  Subjefls,  not  their 
Subjc^ion;  for  Obedience  we  mull  yield,  tho' 
nothing  be  left  us  but  Prayers  and  Tears ;  but  it 
lofes  the  beft  Part  of  them,  which  is  their  Affec- 
tions, whereby  Sovereignty  is  eftablifhed,  and  the 
Crown  firmly  fixed  on  his  Royal  Head.  Between 
two  fuch  Extremes  there  is  no  Way  to  moderate, 
hut  to  find  a  Medium  for  Accommodation  of  the 
Difference,  which  is  not  for  me  to  prefcribe ;  but 
humbly  lo  move  your  Lotdlhips,  to  whom  I  fub- 
mit  \U 

Mr. 


Of   E  NG  LAND.     53 

.Mr.  Sergeant  i^^j'  having  ended  his  Speech,Aii.4.chtrfcsf, 
the  Lord  Prcfident  (I)  faid  to  the  Gentlemen  of  '^**- 
the  Commons  Houfe,  *  Xhat  though,  at  this  free 
Conference,  Liberty  was  given,  by  the  Lords,  to 
the  King's  Counfel  to  fpeak  what  they  thought  fit 
for  his  Majefty's  Service :  Yet  Mr.  Sergeant  AJbley 
had  no  Authority  or  Direction  from  them^  to 
ipeak'in  that  Manner  he  bath  now  done/ 

37;^  Lord  Bijhop  ef  Lincoln';  Report  ef  tbi 
fifth  and  lajl  Part  of  the  Conference. 

THE  Anfwers,  which  the  Commons  made  to 
the  Arguments  of  Mr.  Attorney  and  Mr. 
Sergeant  Afhley^  were  to  the  following  Effeft. 

Mr.  Littleton  began  and  faid,  *  This  was  a  great 
Caufej  and  peradventure  the  greateft  that  ever 
was  in  Chrijiendom:  Nothing  like  fo  proper  to  a 
private  Court,  as  to  the  Court  of  Parliament. 
That  they  brought  with  them  fufficient  Authority 
to  juftify  what  is  faid  already :  But  if  any  new  Mat- 
ter was  offered,  as  he  conceived  fome  Part  of  Mr. 
Sergeant's  to  be,  he  brought  no  more  than  Ears  to 
hear  it ;  but  )ret  had  a  Tongue  to  anfwer  Objedi- 
ons  to  any  Point  urged  in  this  Debate;  and  fuch  as 
was  the  proper  Subjeft  of  the  prefent  Difcourfe. 

*  And  here  he  entered  a  Proteftationr  in  the 
Name  of  the  Houfe  of  Commons,  that  their  In- 
tent was  not  to  call  in  Queftion  the  Power  of  the 
King,  as  well  to  commit  as  to  bail,  but  to  regu- 
late it:  And  for  the  Method  of  Proceeding  he  faid. 
That  becaufe  they  were  oppofed  fo  iuddenly,  they 
would  colleft  the  Heads  of  the  Oppofition,  accord- 
ing to  Law,  and  reply  unto  them.  He  faid.  They 
themfclves  were  Gentlemen  of  the  Law,  the  un- 
worthieft  of  the  Houfe  of  Commons,  and  not  the 
moft  eminent  of  their  Calling ;  but  yet  they  would 
clearly  maintain  the  Refolutions  of  their  Houfe. 
For  that  this  Controverfy,  which  remains  as  yet 

D  3  in 

(I)  This  noble  Lord,  when  a  Member  of  the  Commons,  io 
the  Keign  of  Queen  Elituibeth,  made  a  very  remarkable  Speech  i^ 
l>ehiUf  oftbc^SubjeftsPrcperty,    See  Vol,  IV,  p.  448. 


54    21&^  Parliamentary  Histort 

Ail  4.  Charles  1.  in  the  Nature  of  a  Difputalion  in^his  Houfe,  Is 
J62S.       already  grown  and  improved  as  a  full  Refolution  in 
the  oiherw 

*  That  Mr.  Attorney  began.with  Magna  Charta^ 
the  Subjedt  of  this  Oifpwtation ;  that  is,  fome  ge- 
neral Words  in  the  fame  not  rightly  interpreted ; 
and,  in  particular,  what  this  L^^,T>rr^  means: 
That  Mr.  Attorney  affented,  That  this  Statute 
concerned  the  King  as  well  as  the  Subjeft;  yea, 
the  Ring  principally :  But  he  doth  not  underftand 
by  this  Lex  Terra^  the  fame  which  the  Commons 
do,  but  a  general  Law.  .You,  faid  he,  will  have 
no  Man  arretted  bi|t  by  Writ  original.  We  never 
faid  fo,  replied  Mr.  Littleton ;  we  never  reftrained 
the  Procefs  of  the  Law  to  Writs  original  5  but  by 
the  Words  Procefs  of  tjpe  Lav^^  we  underftand  the. 
whole  Proceedings  of  the  l^awj  artd  (q  take  in. 
the  Conftables,  anc)  all  thofe  inferiour  Minifters 
of  Juftice,  whq,  notwithftanding,  are  never  u- 
fed  without  a  Caufe;  as  the  Conftable  executes 
his  Office  whep  any  Affray  is  done,  or  feared  to 
be  done.  So  ip  jB^^^'s  Cafe,  11.  Report^  FoL  ^g. 
Lex  Terra  isextended  to  the  Jurifdi6tipn5  of  Courts ; 
and  fo  involves  all  Proceedings  in  Law.  Nay,  he 
laid,  the  learned  Gentleman  near  him  \Sir  EdwarcJ 
Coke]  extended  the  fame  to  a  Wager  in  Law,  in 
loth  of  his  Reports.  This  Procefs  doth  include  an  . 
original  Writ;  and  fo  goeth  the  Authority  of  42. 
Edward  III.  that  due  Procefs  of  Law  muft  be  taken 
for  original;  as  a  P^rt,  not  as  the  whoje  Proceed- 
ings of  the  Caufe. 

*  That  Mr.  Attorney's  next  Objeftion  was, 
,  That  the  King  yv^as  not  bound  to  exprefs,  becaufe 

there  may  be  Matters  of  State,  Fear  of  revealing,  £5V. 
and  added  this  Expreflion,  Muft  be  dQne  inffantly^ 
and  mujl  he  true^  unchangeable ^  &c. ,  Anfwer,  That 
the  Commons  do  not  require  a  particular,  a  gene- 
ral Caufe  will  ferve  the  'i  urn  ;  as  Treafon,  Sufpi-r 
cion  of  Treafon,  Felpny,  i^c.  There  are  many 
Vitia  fine  Nomine  \  like  thofe  \vs  Arjlotle -^  evei^y 
Species  hath  a  proper  Name;  ai;id  what  Inconve- 
niency  can  there  bp  to  exprefs  one  of  thofe  ?  — -— s 


0/    ENGLAND,     ss 

Obje^fion.  IftheCaufebeexprefled,  thenprefently,  An*4.ChtrlfiL 
upon  an  Habeas  Corpus^  the  Party  muA  be  delivered  *^*8* 
or  bailed ;  Nay,  indeed,  delivered,  if  the  Caufe 
be  of  that  Nature.  Refponf.  Commitments  are  of 
a  double  Nature :  Superiour,  as  from  a  King  and 
Council;  and  here  the  Judges,  in  Difcretion  or 
Refpedl,  are  not  prefently  to  deliver,  but  to  bail: 
Inferiour^  and  lower  \  and  here  they  are  to  deliver 
him. 

*  T*hat  Mr.  Attorney  cited  -for  his  Anfwer,  in 
tide  Law,  the  Statute  oi  Wejlminfter  i.  Chap.  15. 
which,  fM  Mr.  Littleton,  Nonponit^  fedfupponiti 
' makes  no  Law,  but  declares  a  Law;  and  all  that 
is  pertinent  in  the  fame,  is  the  R^ital  that  a  Man 
is  not  replevjable  in  the  Death  of  a  Man,  Matter 
of  Foreft,  Command  of  the  King,  and  Command 

of  the  Judgies.  ■ Here  he  denies  repleviable  and 

bailable  to  be  all  one :  They  differed  in  Nature  and 
Place;  In  Nature,  for  Replevin  is  by  Sureties, 
Jl^anucaptores  I  which  they  call  Plevins.  Bail- 
ing is  delivering  to  the  Hands  of  other  Men ;  which 
ftill  hold  him  in  Prifon  if  they  pleafe.  Then  they 
differ  in  Place.  Bailing  is  ever  in  a  Court  of  Re- 
cord, and  to  anfwer  Body  for  Body.  Replevin  is 
in  a  Sheriff's  Turn  j  for  this  Difference  he  offer- 
ed a  Book-Cafe^  33.  and  36.  Edward  IIL  placit9 
12.  13.  but  were  they  all  one,  yet  this  Statute  is 
reftraining  to  the  Sheriffs  alone ;  which  he  proved 
out  of  the  firftWords  thereof,  Andforafmuch  as  She^ 
riffs  and  others  which  have  taken  and  kept  in  Prifon^ 
l^c.  The  Word  others  can  never  reach  unto  Judges* 
For,  dignifftmum  in  fuo  Centre ;  the  belt,  by  all 
Courfe,  is  firft  named :  And,  therefore,  if  a  Mau 
bring  a  Writ  of  Cuftoms  and  Services,  and  nam© 
Rents  and  other  Things,  the  general  Words  fhall 
not  include  Homage,  which  is  a  perfonal  Service, 
and  of  an  higher  Nature ;  but  (hall  extend  to  or- 
dinary annual  Services.  He  quoted  for  this  3 1.  Ed* 
ward  L  Title^  Droit.  FoL  67.  So  13.  Eliz,  C,  10. 
and  Others  having  Jpiritual  Pron\otionSy  coming  after 
Colleges^  Deans  and  Chapters^  jhall  not  c&?npreheni 
Bi/k^JfS^  that  arsofn  higher  Degree  ^  quoted  for  thQ 

Arcb» 


^^  j6    The'^arliamentary  HisTORr      \ 

■  An,*.  C>>jrlMi.ArchbifhopofC<JBr#r*ary'5Cafc,  i.J?ffi!r(,Ffl;.  46, 
1618.        hefides  thai  this  Word  ethers^  is  expounded  by  tbii 
Statute  in  the  Concluiion,  to  comprehend  Under- 
■     ■  Sheriffs,   Conftables,   and  Bailiffs;    fucli  as  kept 

^^H  Men  in  Prifon :   Repleviable  and  not  repleviable, 

I^H  are  Vocts  Ariis ;   a  proper  I^anguage  to  a  Sheriff: 

^^F  But  that  which  receives  no  Anfwer,  is  this ;  That 

k  the  Command  of  the  Juftices,  who  derive  their   , 

Authority  from  the  Crown,  is  there  equalled,  at 
to  this  Purpofe,  with  the  Command  of  the  King :  ' 
^^H  And  therefore  by  all  reafonable  Conllrudtion,   it 

^^^k.  mult  needs  relate  to  Ofhcers  that  arc  fubordinate  to 

^^^M  both;  Strange!  Arenotthe  Judges  able  to  difcharge 

^^H  their  own  Commands?  Alfo,  that  this  was  meant 

^^^1  of  iiheriffs,  appears  by  the  Recital  of  27.  Ed.  I. 

^^H  Cap.  3.    De  Finidus  levaih,   and  fo  likewife   by 

BV  Fitta,  L.  X.  C  52.  in  the  Articles  of  the  Charges 

^^^  in  the  Sheriff's  Turn,  he  hath  one  De  Rtpltgia- 

bilibui  injujle  deienth,  y  IrrspUgiahUibus  dimijjis. 
I  And  before,  ^li  Ment  per  Plegies  dtmiiti,  gidnettt 

detlarai  hoc  Statutum,  ftiih  Fleta,  fpeaking  of  this 
very  Statute:  Befides  that  ibey  have  an  expreft 
Bw^ofif,  22.  Henry  VI.  F^l.  4.6.  v/hcK  Newten 
delivers  this  Opinion,  It  cannot  be  intended  that 
the  Sheriff  did  fuffer  him  to  go  at  large  by  Main- 
prize,  for  where  one  is  taken  by  the  Writ  of  the 
King,  or  Commandment  of  the  King,  he  is  irre- 
pleviable ;  but  infuch  Cafes  his  Friends  may  come 
to  the  Juftices  for  him,  &(.  Objtflm.  Stamford 
was  a  learned  Judge,  but  fpeaks  nothing  to  this 
Qiieftion,  or  againft  the  Declaration  of  the  Houfe 
of  Commons :  Mr.  Littktm  bid  Mr.  Attorney  read 
the  Sentence  entire,  and  then  he  fliould  find  that 
the  Word  Sheriff  muft  reach  to  ail;  or  Siamferd 
knew  not  what  he  faid.  Then  he  read  it;  and 
concluded  that  the  Word  Sheriff  mv.^  either  relate 
to  all,  or  ellehe  had  not  exprefs'd  his  Ppinion. 
For  Mr,  Attorney's  OhjeSim,  31.  Henry  VI,  Fol, 
I  r.  of  Fsrtefcue'i  Opinion,  That  in  a  Commit- 
ment, made  by  the  Judges,  we  ought  10  prefumc 
the  Caufe  ju!t.  jinjwer.  The  Commons  do  fo 
iirelume  of  every  ope  committed  by  the  King,  or 
CuuiiciLi 


Of   E  N  G  L  A  N  D,     57  ^ 

Council;  bat  the  Quetlion  is,  If  the  Caufe  ought  An.  4.  chMtai. 

rot  to  be  exprefs'd,  that  it  may  fo  appear?  The       *'"' 

Place  in  the  Regifitr,  De  Himine  repkgianda,  he 

faid,  was  anfwered  before,   by  that  Record,    21. 

Edward  I.  R£t.  i.  iJfn»'sCafei  where  the  Sheriff 

of  ff'arwhk  and  Lekijltr  was  cenfured  in  Pariia- 

menti    for  replevying  a  Man  committed  by   the 

Earl  of  Warw'ui  ;  when  the  King  had  given  hiia 

a  general  Command  to  (hew  no  Favour  lo  any 

committed  by  that  great  Peer.     Anfwer^    That 

theSheriff  was  juftly  punifhed;  for  the  Party  was 

not  repleviable  by  the  Sheriff,  but  bailable  by  the 

Juftices. 

'  In  2z.  Uenrf  VI.  by  the  King's  Mouih, 
whereby  none  can  be  committed,  he  underftanda 
aifo  the  Council,  which  are  his  Mouth  ;  and  in- 
corporated with  the  King!  as  you  heard  out  of 
Stamford^  33.  Henry  VI.  Fol.  28,  29.  ( Rebirt 
Pemag's  Cafe :  He  denied  it  was  urged  for  them  ; 
but  relied  upon  by  Mr.  Attorney  for  the  contrary 
Opinion.  Yet  Mr.  Attorney  confefied  it  proved  no- 
thing. The  Parties,  in  this  Cafe,  committed/'^/- 
JDeminss  de  Cenjilio,  never  defired,  nor  were  ever 
denied  Bail  or  Liberty  ;  confefe'd  by  Mr.  Attor- 
ney. 

*  Out  of  34-.  EHz.  containing  the  Refolutions  of 
all  the  Judges,  he  read  fome  Part ;  and  fhewcd 
Judge  ji'«yer/Sfl's  Book  under  his  own  Hand;  in- 
iifled  upon  fome  Words,  that  implied  the  Caufe 
ought  to  be  exprefs'd  ;  and  concluded.  That  it  was 
neither  for  their  Tenet  nor  againftit;  For  that  Af- 
IVrtion,  That  bailing  was  Ex  Gratia  Curia,  he 
granted  it  true  in  many  Cafes;  as  wheiethe  Caufe 
doth  appear,  and  the  Judges  hold  it  Et  to  make 
fome  Stay ;  but  rot  where  no  Caufe  is  fhewed.  It 
may  be  Grace,  faid  he,  yet  it  is  the  conftant  Prac- 
tice of  the  Court ;  and  herein  he  appealed  to  ihofe 
Precedents,  offered  unto  your  Lordlhips  out  of  the 
cloft  Rolls. 

*  The  Report  of  the  1 3.  Jaccbi,  which  is  called 
RuffeU's  Cafe,  taken  by  a  young  Student,  is  a  Gal- 
iiipawfrey  of  three  or  lour  Cafes  huddled  toge[her, 

and 


j8    Tlje Tarliamentary  History 

•.4.  OiatlMi.  and  put  as  it  were  inlo  an  Hotch-pot.  Others  in- 
'***■  tcrpret  it  for  a  fudden  remittitur  at  the  Rifinp;  of 
the  Court.  And  you  muft  note,  alfo.  Thai  Ruf- 
feli  was  never  returned  to  this  Court  again. 

'  Ifa  Man  deliveran  Opinion  of  a  fudJeti,  that 
is  nothing  to  the  Cafe  in  Hand.  Judges,  as  Stu- 
dcjils  find  in  their  Year-Boolis,  have  changed  their 
Opinions,  and  given  better  Reafons  for  their  con- 
irary  Aflertions.  And  (hat  Paflage  in  Parliament, 
18.  Jac.  was  at  bell  but  a  fudden  Ejaculation, 
grounded  upon  •^■^.  Henry  VI.  which  was  nothing 
material.  For  that  Place,  16.  Henry  V\.  [Moun- 
Jlre  Defaits,)  he  snfwered.  That  of  their  Auihori- 
lies  fome  are  nearer  the  Qucftion,  fome  farther  off; 
yet  all  appliable. 

'  It  is  the  Dignity  and  Honour  oF  the  King, 
Neminem  a  fe  trijfem  dimitiere,  to  aft  chefe  Seve- 
rities, not  by  himfelf,  nor  his  own  Mouth,  but  by 
minifterial  Officers.  Kings  have  fitten  in  thek- 
Beds  of  Juftice  as  Edward  IV.  in  a  Trial  of  a  Rape 
at  the  King's  Bench :  Yet  did  he  not  pronounce  the 
Sentence,  but  left  that  to  his  Juftices.  It  is  the 
Honour  of  the  King  to  command  none  to  Prifon,. 
iHlt  leave  it  to  his  inleriour  Minifters  of  Juftice. 
To  that  of  ift.  Henry  yil.  Fol.  4,  Huffey'^K^ 
port  of  Mariham,  That  he  told  Edward  IV,  He 
could  not  command  one  to  carry  any  to  Prilbn, 
he  faid  it  was  a  Rule  in  Law,  thai  the  King  can  do 
no  Wrong:  But  if  he  fhould  command  one  to  be 
iirrefted,  without  Caufe,  then  he  might  be  Author 
ofWrong;  and,  therefore,  th.it  is  denied  him. 

*  He  touched  that  Place  of  Fortefcue^  PropHs 
Ore  nuUus  Regum  j^nglia:,  tfc  And  here  he  de- 
fired  to  be  rightly  undctftood,  for  they  of  the  Houfe 
of  Commons  do  not  exclude  the  Commandment 
of  the  King ;  for  they  confefs  all  that  are  impti- 
foned,  are  by  his  Ct>mmandment;  but,  it  muft 
be  with  a  Caufe  exprclTed :  He  faid,  that  36,  Ed- 
ward III.  N.  9.  is  not  in  Print.  He  faitb.  That 
he  was  in  France ;  and  that  th:re  he  read  many  of 
their  Books :  And  he  appeals  to  any  that  under^r 
Aands  the  }«anguage,  if,  eu  drrejl  fairer  doib  not 
fignifjr 


0/    E  N  G  L  A  N  D.      59  ^ 

f  gnify  to  arreft,  and  not  to  delay  by  Commandment  An.  4  Chatta  & 
of  tbe  King.  Concerning  Mr.  Sergeant  ^ley,  Mr.  '*'*• 
Liltlcisn  faid,  That  for  Matter  of  Law  he  was  au- 
thorized to  anfwer  him :  And  for  what  that  Gen- 
tleman had  objefled,  That  the  Houfe  of  Com- 
mons did  think  they  had  gained  the  Caufe,  becaufc 
the  King's  Council  had  yielded  the  Statuies  to  be  in 
Force:  Alas!  faith  he,  We  do  not .  labour  for 
Viflory  but  for  Truth ;  convince  our  Underftand- 
ings  by  better  Reaibns,  and  the  Caufe  fliaJi  be 
yours. 

'  That  Mr.  Sergeant  underftood  per  Legem  Ttf 
re?,  many  Laws  in  England;  Martial,  Admiral^ 
EctkfiajiUal,  and  that  9.  Edward  III.  called, 
Merchant-Law,  To  this  Mr.  Littleton  replied, 
with  fome  Animofiiy,  and  a  Challenge  to  any 
Man  living  to  fliew.  That  Lex  Terra  (hould  be 
fpokenof  any  but  the  Common  Law,  in  any  Law- 
Book,  Statutes,  or  antient  Records :  And  fo  clofed 
up  hb  Difcourfe.* 

Sir  Edward  Cske.  '  As  the  Centre  of  the  great- 
eft  Circle  is  but,  a  little  Prick,  fo  the  Matter  ever 
lies  in  a  little  Room  ;  but  weighty  Bufinefles  are 
fpun  out  to  a  high  Length.  This,  he  faid,  was  mora 
weighty  than  difficult  -.  His  Part  was  little  ;  he 
would  run  over  Mr  Atiorney's  Reafons  briefly  j 
and,  laid  he,  Smma  fequar  Vejiigia  Rirum.  This 
Tenet  of  theirs  was  exprefled  (hortly  and  fignifi- 
cantly  :  It  was  a  Wonder  for  him  to  hear  the  Li- 
berty of  the  Subjefl  fhould  be  thought  incompa- 
lible  with  the  Regality  of  the  King ;  for  nihil  tarn 
froprium  eji  Imperii^  quam  Legihui  vivere,  faith 
BraHon.  Nay  further,  Attribuit  Rex  Legi  quad 
Lex  ei ;  Dominium  enim  W  Itnperium  exenert,  fmt 
Lege,  mn  pstefl. 

*  Firft,  he  faid,  Mr.  Attorney  feem'd  to  inti- 
mate, that,  in  tliis  jpeciak  Mandatum,  a  Caufe 
fhould  be  conceived  to  blind  the  Judges,  when  other 
Matter  was  inrended.  He  had  heard  in:feed  of 
that  Sentence,  ^/i  nefdt  diffimulare,  nefcil  regnare: 
^Ut  he  held  it  no  good  Div  inity  ;  for  D^vid,  in  the 


6o     The  TariiatMetftary  History 

4«,4.aarIoi, tigth  PJalm,  defifes  a  found  Heart;   tbaf  is,  « 
!*•*■       Heart   without   Diflimulation;    Ergo,   No  King 
fliould  covet  to  difiemWe  in  his  Mandates, 

'  Then  for  tliat  Cafe  of  Rebellion,  in  Ireland, 
he  faid,  it  was  bom:  Tirra,  ma/a  Gens.  But,  he  faJd, 
O  Dtnntirs  Children  loft  nothing  by  the  Bargain ; 
periiUint  tiift  penijftt ;  for  they  were  better  brought 
up  bete  in  the  true  Religion,  inftead  of  Pspery.  Be- 
fides,  ihey  have  loft  nothing,  for  their  Blood  was 
tainted.  It  was  Charity  to  keep  them.  A  ftrange 
Provifo,  that  a  Thing  happening  once  in  a  hun- 
dred Years,  fhould  overthrow  and  niarr  fo  many 
Statutes  in  continual  Ufe,  againft  the  old  Rule,  Jd 
ea  qua  frequtntiui  atcidunt.  Jura  adaptanlur  !  And 
he  never  heard  of  fuch  an  Objection. 

*  In  the  next  Reafon,  he  faid,  Mr.  Attorney 
came  clofe  to  him,  and  fatd  he  was  glad  he  h^ 
awaked  him.  That  a  King  is  rrufted  in  greater 
Things,  as  War,  Money,  Pardons,  DenifoDS  j  w- 

gs,  Wi". Nigotur,  laid  he,  for  the  Liberty  of  the 

Perfon  is  more  than  all  thcfej  it  is  maximum  em~ 

niujn  humancrum  Btaarum,  the  very  Sovereign  of 

all  human  BItflings:  Yea,  but  the  King'may  make 

Money  of  Erafs,  (faith  Dienyfsus  HaUcarnaffius)  or 

ether  bafe  Metal,  as  he  heard  Queen  Elizabeth  fay, 

that  her  Falher,  King  Henry  VIII.  did  hope  to  live 

fo  long,  till  he  faw  his  Face  in  Brafc ;  i.  t.  in  Brafs 

Money.     He  faid  this  was  a  main  Point :  And  that. 

I  whatever  the  King's  Power  was  by  the  Common 

I  Law,  yet  was  it  qualified  by  Afls  of  Parliament. 

I  And  no  Man  will  deny  but  the  King  may  limit 


himfelf  by  Afls  of  Parliament. 

*  He  cited  9.  Edward  III.  Chap.  4.  3.  Henry  V. 
Chap.  I.  that  the  Money  muft  be  of  Weight  Ster- 
]ing  J  trge,  it  muft,  now,  be  of  the  Lay  and  Finenefs 
of  Sterling.  In  another  Statuie,  d^  Dimiffiime  Dt~ 
variorumy  it  is  required  the  Coin  fliould  \>zde  legali' 

Metalle ;  trgo,  not  illegitimate Why  muft  the 

King  have  the  Mines  of  Gold  in  my  Land,  but  for 
the  Ufe  of  bis  Mint  and  Coining.''  He  cited  alfo 
a  Law  of  King  Edgar,  C!>ap.  8.  and  of  Canuiui, 
Chop._^ 


0/   E  N  G  L  A  N  D.      6i 

Chap.  8*  That  no  Money  fhould  be  current  but  of  Aa.4.chtfi»i 
Gold  and  Silver-  '    *^- 

^  For  Pardons  $  they  are  alfo  limited,  in  wilful 
Murder ;  as  he  proved  out  of  the  4th  of  Edward  IIL 
and  25.  Edward  III.  And  this  he  faid  by  the  Way, 
bow  his  Part  was  fhort,  and  that  he  had  before  ex* 
preis'd  what  Books  and  Warrants  they  had  for  their 
Tenet..  If  he  be  a  little  more  earqeft  than  feems 
fitting,  he  craves  your  Lordihips  Pardon  ;  it  con- 
cerns him  near. 

*  *  He  talces  Occafion  here  to  fay  (under  Reforma* 
lion)  his  Reafbns  were  not  anfwered,  or  not  fully. 
He  touched  upon  his  former  Reafon  from  Impri- 
fonment  (m)  $  that  it  is  a  Badge  of  a  Villain  to  be 
Imprifoned  without  Caufe ;  that  this  and  Tailitr  b^ 
haut  y  bas  font  propria  quarto  mada  to  Villains : 
This  he  prefents  with  all  Reverence ;  for  we,  laid 
he,  fpeak  for  the  future  Times  only :  Our  King  is 
good,  and  the  Council  moft  gracious ;  but  non  ASp^ 
bis  nati  fumus  \  it  is  for  our  Pofterity  that  wedefiie' 
to  provide,  rather  than  for  ourfelves,  that  they  be 
not  in  W(»:fe  Cafe  than  Villains ;  for  to  be  impri- 
foned without  Caufe  fhewn,  is  to  be  imprifoned 
without  Caufe  at  all*  De  non  apparentibus  &  non 
ixijlintibus^  udim  eft  Ratio. 

^  He  agreed  with  Mr.  Attorney,  he  faid,  in  thp 
Enumeration  of  all  the  Kinds  or  Habeas  Corpus; 
and  if  they  two  were  alone,  he  did  not  doubt  but 
they  (bould  agree  in  all  Things.  Only,  he  faid, 
that  for  a  Freeman  to  be  Tenant  at  Will  for  his  IJr 
berty,  he  could  never  agree  to  it ;  it  was  a  Tenure 
that  could  not  be  found  in  all  Littleton^ 

*  Then  he  alfo  touched  his  former  Argument 
from  Univeriality ;  that  the  Lords,  the  BiOiops, 
and  all  are  jumbled  and  involved  in  this  Univerfa- 
lity.  Law  doth  privilege  Noblemen  from  Arrefts : 
This  new  Doflrine^  like  the  little  God  Terminue^ 
yields  to  none.  Nay,  the  Judges  themfelves,  when 
they  (hould  fit  on  the  Bencb^  mult  be  walking  to-* 
wards  the  Tower. 

Tbea 

(mj  Ste  V«l.  Vll.  p.  429* 


\ 


6i    7he  Tarliavtentaiyiii^T^^y 

A».4.Chulei  I,  Then  he  fell  toaProteftation,  that  he  intended  rto 
1618.  Prejudice  at  all  to  the  King  for  Matters  of  State  j 
for  the  Honourable  muft  bemaintain'd  in  Honour, 
or  this  Common-Weakh  could  not  fubfift  j  buttha 
Queftion  was,  Whether  they  ought  not  to  expreft 
the  Caufe?  He  repeated  3g3\n  PUwdert,  4..  Eliz. 
PI.  236.  The  Common  Law  hath  fo  admcafured 
the  King's  Prerc^aiive,  as  he  cannot  prejudice  any 
Man  in  his  Inheritance.  He  cited  alfo  42.  Ed- 
ward III.  Chap.  I,  to  prove,  that  all  Judgments 
"given  againft  Magna  Ghana  are  void. 

'  Next  he  was  pleafed  16  fiy,  He  was  not  (o 
well  deah  with  in  ohe  Particular  as  he  expefled  1 
For  a  Student's  Report  fhould  not  have  been  cited 
ag^nft  him.  He  defired  Mr.  Attorney  to  remem- 
ber, he  had  not  Verilattm  ex  Cathedra,  or  Infallibi- 
lity nf  Spirit  i  that  was  for  the  P^f.  He  faid,  he 
niifgrounded  his  Opinion  upon  33  Henry'Vl.  which 
being  nothing  to  the  Purpofe,  he  is  now  alTured  his 
Opinion  is  as  little  to  the  Purpofe. 

'  Here  he  took  Notice  of  an  Objeftion,  •  What 
Can  yoii  arrcft  none  without  a  Procefs  or  original 
Writ  ?  Why,  the  fufpeded  Fellow  will  run  away  ?' 
To  which  he  anfwered.  That  ProCefs  Jignifies  the 
whole  Proceedings :  And  cited  a  Rule  in  LiW, 
I  ^ands  Lex  aliquod  cancedit,  concedere  v'tdeiur  idf 

'  fine  que  Res  ip/a  ejfe  nan  potefl.     The  Law  gives 

Procefs  and  Indiftment ;  ergii,  gives  all  Means  con- 
ducing to  the  Indiitment.  And  this  anfwers  all 
Mr.  Ailorney's  Cafes  of  Watchmen  and  Conftabtes.* 

And  here  paufcd  Sir  Edward  Coke. 

Mr.  Ney  offered  Anfwers  to  the  Inconvenience* 
prefenied  by  Mr.  Attorney. 

Firfl,  he  faid,  where  it  was  ohjefled.  That  it  waa 
inconvenient -to  exprefs  the  Caufe,  for  fear  of  di-' 
vulging  Arcana  Imperii  -,  for  hereby  all  may  be  dit- 
covered,  and  Abundance  of  Traitors  never  brought 
10  Juftice:  To  this  that  learned  Man  anfwered, 
*  That  the  Judges,  by  Intention  of  the  Law,  are 
the  King's  Council,  and  the  Secret  may  fafely  be 
com- 


I 


I 


Of    E  N  G  L  A  N  JDf.      6^ 

Committed  to  all,  or  fome  of  them,  who  mightAfl.4.chiitl«i« 

advife  whether  they  will  bail  him :  And  here  is  no        *^**« 

Danger  to  King  or  Subjeft ;  for  their  Oath  will 

not  permit  them  to  reveal  the  Secrets  of  the  King  5 

nor  yet  to  detain  the  Subjeft  long,  if,  by  Law,  he 

be  bailable.*  ^  •  ' 

Secondly,  For  that  Objeftion  of  the  Children  of 
O  Donnelly  he  laid  this  for  a  Ground,  That  the 
King  can  do  no  Wrong :  But,  in  Cafes  of  extreme 
Neeefliiy,  we  muft  yield  fometimes  for  the  Prefer- 
vation  of  the  whole  Stale;  Ubi  unius  Dampnum 
Utilitcte  publica  rependitur*  He  faid  there  was  no 
trufting  Children  of  Traitors :  No  Wrong  done, 
if  they  did  tabefcere  or  marcefcere  in  Carur^*  It  h 
the  fame  Cafe  of  Neceflity,  as  when,  to  avoid  the 
burning  of  a  Town,  we  are  forced  to  pull  down  an 
honeft  Man's  Houfe ;'  or  to  compel  a  Man  to . 
dwell  by  the  Sea  Side  for  Defence  or  Fortification. 
Yet  the  King  cannot  do  wrong :  For  PoUntia  Ju^ 
rss  eft  non  Injuria ;  ergo.  The  Aft  the  King  doth'y' 
though  to  the  Wrong  of  another,  is,  by  Law, 
made  no  Wrong:  As  if  he  commands  one  to  be- 
kept  in  Prifon ;  yet  the  King  himfclf  is  not  refpon- 
fible  for  this  Wrong.  He  quoted  a  Book  42, 
JJ/iz.C.s. 

Thirdly,  For  the  Inftance  made  of  Wejiminjier  t; 
be  faid,  *  There  was  a  great  Difference  between' 
thefe  three,  i.  Mainprize ;  which  is  under  a  Pain. 
2.  Bail;  which  js  Body  for  Body,  and  no  Pain; 
fbr  the  Party  is  ever  in  Court  to  be  declared  againft.  - 
5.  Replevin ;  which  is  as  much  as  both ;  yet  it  is 
neither  by  Surety  nor  by  Bail ;  for  if  replevied,  then 
he  is  never  in  Court.     By  this  Statute,  faiih  Mr, 
Attorney,  a  Man  cannot  be  replevied ;  ergo,  not 
bailed  ? Non  fequitur* 

Fourthly,  Where  it  is  faid,  That  Bail  is  ex  Gra» 
tia,  he  anfwered,  *  That  if  the  Pt  ifbner  comes  by 
Habeas  Corpus,  then  ic  is  not  ex  Gratia  \  yet  thq  . 
Court  may  advife :  But  mark  the  Words,  ad  fub' 
jiciendum  ^  recipiendum  prout  Curia  confideraverit. 
Now  it  is  impoffible  that  the  Judges  do  \o,  if  no 
Cauf(^  be  e;$pr^ir^d  :    For  if  they  know  not  the 

Catili?,  . 


64     The  'Parliament firy  History 

An  4  Cfiailcfi.'-'^'^''^'  ^^  "'^^  \ii\a%,  the  firffi,  fecond,  third,  asi^i 
'  j'tiS.        fourih  ihbeai  Cerpui,  and  fo  ad  infinitum,  till  ti^l 
find  himrdt' a  perpetual  Prifoner:  Sothatno  Cau^ 
exprefled  is  worfe  for  ihe  Man,  than  the  greateft 
Caul'c  or  Villainy  that  can  be  imagined."    And  tl 
(ar  proceeded  that  worthy  Gentleman. 

-  Mr.  Ghnvilli  faid,   '  That,  by  Favour  of  th(ft! 

Houle  of  Commons,  he  had  Liberty  to  Ipeak,  fl^^ 
Opportunity  were  offered  :  He  will  therefore  ap-'^, 
ply  bisAnfwer  lo  one  Particular  of  Mr.  Attorney  i 
■whoaffianed  to  the  King  four  great  Trufts;  i.  Of 
War.     2.  Coin,  3.  Denifcns.     And,  4.  Partjoifc 

■.  It  is  aflented  unto,  that  the  King  is  trulled  with  aljw.. 

thefe  four  legal  Prerogatives:  But  llie  Argument' 
foUoweth  not.  That  therefore  he  flinll  imprifo] 
without  Caufe  (hewn. — Again,  The  King  is  truftt 
in  many  Prerogativesi  ej-gs,  faith  Mr.  Attorney,  i . 
ihis !  Non  Jequitur  ;  ^uod  nen  ejl  fuffidetis  KnumS' 
ratio  PaTtsum,. —  He  faid  he  would  anfwer  Mr. 
Attorney's  four  greacTrufts  with  two  Rules;  where- 
of the-  firft  fhould  wipe  off  the  firft  and  lecond  ;  and 
the  other,  the  ihird  and  fourih. 

*  The  firft  Role  is  this:  There  is  no  Fear  o£ 
trufting  the  King  wiih  any  Thing;  but  the  Fear 
of  ill  Counfel  againft  the  Subject :  The  King  may 
eafily  there  be  trufted,  where  ill  Counfel  doth  equal- 
ly engage  both  the  King  and  Subjedt ;  as  it  dothi 
both  in  Matters  of.Warand  Coin.  If  he  mifcarry 
in  the  Wars,  it  is  not  always  pkliuntur  jfihivi ;  but 
he  fmatts  equally  with  the  People.  If  he  abafc  Uie 
Coin,  he  lofclh  more  ihan  any  of  the  People :  Ergs, 
He  may  fafely  be  trulted  with  thole  Flowers  of  the 
Crown,  Wars  and  Coinage.' 

The  fccond  Rule  he  gave  was  this :  '  When  the 
King  is  tiufted  10  confer  Grace,  i[  is  one  Thing  ; 
but  when  he  is  trufted  to  infer  an  Injury,  it  is  ano- 
ther Matter.  The  former  Power  cannot,  by  mif- 
counfelling,  be  brought  to  prejudice  another  j  the 
Ijtter  may.  If  [he  King  patdon  a  guilty  Man,  he 
punifheth  not  a  good  Subjt^.  If  he  denizen  never 
lo  many  Strangcrsj  it  is  but  Damnum  fine  Injurit^ 
.4.     ■  Wc    ' 


1 


0/    E  N  G  L  A  N  D.       6  s 

We  allow  him  a  Liberty  to  confer  Grace ;  but  not,  au.  ^  ciurieii. 
without  Caufe,  to  infer  Punifhments.    And  indeed       iM. 
he  cannot  do  In  iury  :  For  if  he  commanded  to  do  a 
M^n  Wrong,  tne  Command  is  void.  ASIorfit  Aif 
thor^  and  the  Aftor  becomes  the  Wrong -doer : 
And  therefore  the  King  may  fafely  be  trufted  with 
War,  Coins,  Denizons,  and  Pardons ;  but  not  with 
a  Power  to  imprifon,  without  Expreflion  of  Caufe 
oc  Limitation  of  Time ;  becaufe,  as  the  Poet  tells 
us,  Liberies  potior  Auro*       , 
And  thus  far  proceeded  Mr.  Glanville, 

Next  Mr.  SelJen  faid,  ^  Your  Lord(hips  had 
heard  all  or  moft  of  the  Arguments  brought,  and 
anfwered  fiiUy  :  That  there  was  hardly  any  Thing 
cbjefled  that  had  the  leaft  Colour.  This  he  fpeal^ 
not  out  of  any  overweening  Con^dence  as  a  Couq- 
fellor ;  but  defires  your  Lordihips  to  recall  the  fe- 
vera!  States  and  Conditions  of  thofe  you  now  hear. 
The  King's  Counfel  fpeak  for  the  King's  Advan- 
tage, as  GIoITers  and  Parties :  But  the  Condition 
of  the  other  Gentlemen  is  this,  that  as  they  are 
Members  of  the  Houfe  of  Commons,  they  are 
bound  to  fpeak  Truth ;  fo,  by  a  ftrift  Oath,  to 
maintain  the  King's  Rights  and  Preheminence : 
And  therefore  your  Lordfliips  had  good  Caufe  to 
put  a  Value  upon  them,  and  what  they  fay. 

*  Accordingly  here  he  fell  upon  the  Refolution  of 
the  Judges,  in  34.  E&zabetb  ;  which,  he  faid,  ftuck 
with  many,  and  was  prefled  by  Mr.  Attorney,  as 
drawing  on  his  Side ;  and  was  aUb  fo  prefs'd  at  the 
Kin^s  Benck 

*  It  is  true,  a  fuller  Perfpicuity  might,  by  Care, 
have  been  delivered  therein  ;  yet,  what  is  in  it,  he 
faid,  concludes  for  the  Refolution  of  the  Houfe  of 
Commons.  He  inftanced  in  one  Point:  They 
may  not  be  delivered  by  any  Court  without  Trial 
at  Law  ;  now,  no  Trial  where  no  Caufe :  But  in  • 
that  Cafe  the  Matter  is  unintelligible,  ^ii  &  qnare^ 
are  two  Qiiefiions.  It  is  one  Queftion  who^  but 
another  why  they  are  committed.    Then  he  f^id. 

Vox.  VIIL  E  There 


¥ 


66     The  Tiirlumeuiary  Histort 

1. 4.Cti»rleil.TheiewMindeedaSort  of  Rq)ly  inlhatof  13.  ^J- 
»6i>'  C'M,  Rujil's  Cafe:  But  that  it  was  not  Rujjel'a 
Cafe,  tiut  an  Ommgatherum  of  lliree  or  four  Cafes 
full  of  Miflakes.  It  mentions  Haneurt,  40.  Eli- 
zabefh,  to  bave  been  bailed  by  Command  of  the 
Queen,  or  Council,  and  rot  a  Woid  thereof  was 
true :  It  fpcaks  of  a  Letter  filed  in  the  Crown  Of- 
fice ;  but  no  Letier  was  ever  there  filed:  It  cites 
the  Cafe  of  j+.  and  56.  Elizabeth. — Itl  one  Word, 
OvJliy,  for  there  was  nothing  found  b  all  this  ima- 
ginary Report. 

'  As  for  the  Journals  of  the  Lower  Houfe,  in 
18.  Jiif.  ihey  arc  good  Records,  tofdias  they  are 
Journals  of  Orders  and  Refolutions;  But  as  for 
Things  caiched  at  by  Clerks,  out  of  the  Mouths 
of  Men.  they  arc  declared  long  fince  to  be  of  no 
Autlioriiy :  And  the  Houle  doth  generaily  conceive, 
that  this  Particular  is  a  Miftake  0/  the  Clerk.'  And 
here  cndtd  Mr.  SeMen. 

Sir  EJwarti  Call  pui  your  Lotdfhips  in  mind, 
tli.u  you  hiid  the  greaieft  Caufe  in  hand,  that  ever 
came  into  the  Hal!  at  IVeJimhJltr,  or,  indeed,  into 
any  Pari  ra  men  I. 

*  My  Lords,f?.idhe,YourNobleAnceftors,whore 
Places  you  hold,  were  Parties  to  Magna  Charta; 
lb  called  for  Weight  and  Subftancc  (for,  other- 
wile,  many  O'htr  Siatuies  arc  greater  in  Bulk) ;  ns 
Alexandery  a  little  Man,  called  Magnus  for  his 
Courage. 

'  And  you,  my  Lords,  the  Bifhops,  faid  he,  are 
commanded  /iih/i  nure,  to  ihunder  out  your  Ana- 
ifiema'a  againft  all  Infringers  of  Magna  Ckarta. 
(Senierilia  lata  fiper  Chartai)  And  all  ihe  worthy 
Judges,  that  deferv'J  their  Place?,  have  ever  ha4^ 
Magna  Charts  ingttat  Ki\miation. 

'  Now,  as  Juftice  haih  a  Sword,  fo  it  halh  a  B^t^ 
lance, 

Pinderat  ha:  Caufus,  ptnutil  ilU  Rm. 

Put  together,  my  NoUe  Lords,  in  ■oat  Ballai 

t  i 


0/    E  N  G  L  A  N  D.      67  jl 

&ven  Afls  of  Parliament,  Records,  PrecedenESiAn-f  Cl1lr)n^ 

ReafoDs,   all   that  we  have  fpokcn,  and  chat  of       ■*'*• 

18.  Edward  HI.  whereto  I  found  no  Anfwer  ;  _ 

and,  in  God's  Name,  put  Jt)to  the  other  Ballance 

what  Mr-  Allorney  hath  faid,  his  Wit,  Learning, 

and  great  Endowments  of  Nature  ;  and,  if  he  ^ 

weightier,  let  him  have  it ;  if  not,  then  conclude 

with  us. 

'  You  are  involved  in  the  fame  Danger  wiih  us ; 
and  therefore  we  delire  you,  in  the  Name  of  the 
Commons  of  England,  reprefented  in  us,  that  we    ' 
might  have  Caufe  to  give  God  and   the   King  . 
Thanks  for  your  Jufticc,  in  complying  with  us.' 

And  here  reHcd  Sir  Edward  Coke, 

Mr.  Attorney  fumm'd  up  the  Argument.  H« 
obferved.  That  many  Things,  and  much  Matter* 
bad  been  uticr'd  by  the  Gentlemen  of  the  Houfe 
of  Commons :  That  to  run  over  it  all  would  fpend 
much  Time;  he  would  therefore  obferve  fome 
principal  Things  wherein  he  and  they  did  no:  differ. 

I.  '  It  was  agreed  the  King  may  commit.  2.  It 
was  agreed  the  Statutes  were  in  force — Hut  how 
this  Ltx  terra  is  to  be  expounded,  is  the  main 
Apple  of  Contention.  If  the  CauTe  be  fufficienily 
exprelfed  generally,  then  Mandatum  Domini  Regit  ' 
h  a  fufficieni  Expreflion.  To  reduce  this  to  the 
Judicature  of  the  judges,  is  to  prefuppofe,  not,  J 
llaie  the  Queftion.  That  the  King  hath  an  unli- 
mited Power,  is  not  the  Slate  of  the  Queftion ;  ■ 
For  then  the  King  might  imptiron  perpetually,  be', 
ihe  Caufe  right  or  wrong.  ,* 

'  Whether  there  be  that  NecelEty  of  exprcflin^^ 
the  Caufe,  upon  Commitment  or  no,  is  a  greats  J 
Pirtof  the  Coniroverly.  It  was  granted  bjrone. 
That  there  may  be  a  Caufe  of  an  extraordinary,, 
Nature,  as  0  Diineifa ;  but  the  Rule  of  the  Houfe,,! 
of  Commons  is  a  new  mathematical  Line,  thai  ad- 
mits of  00  Laciuide  at  all. To  fay  Subjcds  may 

be  perpeiuaily  imprifoncd,  or  wiihout  any  Caufe,  ^ 

.^ifto  intention  ol  the  King.     On  the  contrary 

,  to  tie  the  King's  Command  to  th:  V-.v,\f 


6S    The  Tarliaraeutary  VLisroKY 

\n.  4.  Oiirl*»l.iii5  JwJges,  and  leave  no  Latitude  or  Breadth  at  afl^y 
r6»!.        to  lurn  him  in,  is  a  Variation  wherein  your  Lord^^l 
Ihips  Wii'dom  muft  appear,  to  fmooth and  facilitalCj^'l 
rhc  Roughnefs  of  the  Paliage.  '^ 

'  He  recommended  all  to  yourWifdoms  toweiglr 
(as  Sir  E4ward  Coke  delired)  in  an  equal  BaUance»,J 
Reatbns,  Precedenls  and  Rerolutions  ot  Judges-jil 
This  Manifefto  of  the  Houfe  of  Commons  takes' " 
the  Matter  upon  great  Advantage,  as  refolved  by 
ihar  Body  j  but  this  is  our  Comfort  that  are  Coun-. 
fel  for  the  King,  that  you  are  all  now  Counfelloi*  I 
oi  the  King  and  Kingdom.     If  all  can  be  fo  oa>  | 
dered,  as  ynu  (hall  not  deftroy  the  Rights  of  tHi* 
King,  and  (hall  favour  the  Liberties  of  the  Subjefl?- 
ns  the  Caufe  requites,  Mr.  Attorney  hath  the  utmoffi 
of  his  Defiles.'     And  here  he  ended.  • 

Mr.  Niye  heieto  rejoined,  '  The  King  mighfi^ 
commit  for  a  Caufe,  not  without:  This  was  agree*  . 
on  both  Sides.  But  Mr.  Attorney  faid.  He  waB_  , 
no[  biiund  to  exprel's  the  Caufe.  To  which  it  wa*.  I 
repliijd.  That  the  Judges  are  to  judge  between  hlift  .' 
iind  liis  People:  Ergs,  "No  Caufe ^  m  judgment  ^\ 
and  iherefore  the  King  ought  not  to  commit  for  * 
■  uny  Time  -,  no,  nor  an  Hour,  without  a  Caufc—f  1 
And  that  there  was  no  Caufe.' 

Thus  ended  ihiu  long  Report:  One  Thing  where^  "j 
iftgeant  A/l.ie)'  jnisvery  remarkable,  Thatwhen  Mr.Sei^eantv^^  I 
oil" th"s°n,e'  l^  had  done  fpeaking  at  the  Conference,  in  whitl\"i 
iVorii  fpokeo  athe  was  of  Counfcl  for  the  Crown,  the  Lard  Pre-,  ' 
^''  h^Ub^"""  ffident  told  the  Committee  of  the  Commons,  That 
ht  Suijrfi."'' "  the  Sergeant  had  no  Authority,  from  their Lordfliips," 
as  to  what  he  had  advanced  in  his  Argument  («).— 
But  the  Matter  relied  not  here  ;  for  the  Doflrinc 
advanced  by  this  Gentleman  feem'd  ib  unconfti- 
lutional,  that,  upon  the  Motion  of  the  Earl   of 
fyarwi/it  he  was  ordered  into  Cuftody.       And, 

On  the  2ifl:  of  Jpril,  a  Petition  of  Mr.  Sergeant 
yiS^/c  was  read  to  the  Lords ;  exprelling  his  Sor- 
rnw  for  the  Difpleafure  he  had  given  their  Lot'd-. 
ihips,  and  humbly  deiiring  to  be  admitted  to  fuch  - 

'      -  ■■  "Re-- 

(")  Sei:  before  f,  Jj. 


0/  E  N  G  L  A  N  D.      6^ 

Recognition  as  their  Lordfhips  (hould  enjoin  hini.Aii«4«Cliar]ct| 
Hereupon  he  was  ordered  to  be  brought  to  the  Bar ;       *•••• 
wbcre,  kneeling,  he  made  hisSubmiffibn,  and  hum-g^j  it  foon  ir 
blf  asked  Forgivenefs  for  his  Fault  j  and  was  diA  t»,  ^wauBged." 
charged  out  of  Cuftody. 

Afcerwanh  the  Loids  went  into  a  Committee 
on  the  Liberty  of  .tjie  Subjeft ;  in  which  the  Earl 
of  fFarwuk  fpake  to  tbis£Se£l  (o) : 

I  Will  obferve  foroethingout  of  the  Laws,  where-  wick*t  Speech  oa 
in  this  Liberty  of  the  Subjefts  Pcrfon  is  found-  ^«^  Oreifioo. 
ed,  and  fomething  out  of  the  Precedents  which 
have  been  alledg^.  As  to  Magna  Cbarta^  and 
the  reft  concerning  thefe  Points,  they  are  acknow- 
ledged by  all  to  be  now  in  force ;  that  they  were 
made  to  fecure  the  Subjefls  from  wrongful  Impri- 
fonment ;   and  that  they  concern  the  King  a$ 

much,  or  rather  more  than  the  Subject Well 

then,  befides  Magna  Cbarta^  and  thofe  fix  other  Ads 
of  Parliament,  in  the  very  Point ;  we  know  that 
Magna  Cbarta  irfelf,  hath  been  at  lead  30  Times 
confirmed';  (q  that  now,  at  this  Time,  we  have 
3d  or  37  Adis  of  Parliament  to  confirm  this  Li- 
berty ;  altho*  it  was  made  a  Matter  of  Derifion,  the 
t>ther  Day,  in  this  Houfe. 

•  One  is  that  of  36.  Edwardlll.  N.  9.  and  ano- 
ther !n  the  fame  Year,  N.  "20.  not  printed,  but  yet 
as  good  as  thofe  that  are ;  and  that  of  4  2  Edw.  flf • 
C^.  3.  fo  exprefs  in  the  Point,  (efpecially  the  Pe- 
tition of  the  Commons  that  Year,  which  was  read 
by  Mr.  Littleton^  with  the  King's  Anfwer,  fo  full, 
and  free  from  all  Exception,  to  which  1  refer  your 
Lordfhips)  that  1  know  not  how  any  Thing  in  the 
World  can  be  more  plain. 

•  Now  therefore,  if,  in  Parliament,-  we  fliall 
make  any  Doubt  of  that  which  is  fo  fully  confirm, 
ed  by  Parliament ;  and,  in  a  Cafe  fo  clear,  go  about, 

E  3    ■  by 

(0)  Frapi'a  ManufqdpVof  the  Time?,  in  the  jrar/fj'dfl  Library, 
—-It  is  omitted  in  Mufinooftb^i  Colkfiions :  But  there  is  lii  Jmpcr^ 
fc^  Copy  b^  it  10  ilveSpbcment  PaHiamn'arig^ 


1 


70    The  IP  arrtawtefttnrf  UisrCKJ 

4.ciurhil.by  new  Gtoflcs,  to  alter  thefe  old  and  good  Lawrj 
i6i3.  we  fhall  not  orly  forfike  the  Steps  of  our  Anc«f- 
lorsi  who.inCaresevenOffmalllniporldnce.wcwM 
anfwer,  nekimus  Legts  Anglia  miasri;  but  we  (hall' 
yield  up  and  betray  our  Right  in  the  greaieft  Inheti. 
lance  the  SubjeAs  of  England  have ;  and  ibat  U  the 
Laws  of  England. 

'  Truly,  i  wonder  how  any  Man  can  think  that 
I  this  Houfe  (tho*  no  Lawyers)  can  admit  of  fuch 

■  a  Glofs  upon  a  plain  Text,  as  fliould  overthrow 

^  the  very  End  and  Defign  of  the  Law  :  For  v/her»^ 

as  the  Law  of  Magna  Ckatta  is,  '  That  no  Frefr 
man  fhal!  be  impriioned,  but  by  lawful  Judgmem 
of  his  Peers,  or  the  Law  of  the  Land  ;'  it  has  been 
infifted  on  by  fome.  That  by  thefe  Words,  tht  LaiB 
of  thi  Land,  it  is  to  be  underftood,  That  the  Kii^ 
hath  Power  to  commit  without  fhe>vingany  Caufet 
which  is  an  Expofition,  not  onlyexprefly  rontrary 
to  other  Afls  of  Parliament,  and  thefe  efpeciallV 
before  cited,  bat  againft  common  Senfe.  * 

'  Mr.  Attorney  confeCeth  this  Law  concerns  tfa^ 
King :  Why  then,  where  the  Law  faith,  the  Kinj 
fliall  not  commit,  but  by  the  Law  ef  the  Land ;  the 
Meaning  mull  be,  (as  Mr.  Attorney  would  have  it) 
Th«  the  King  miift  not  commit,  but  at  his  fwp 
Pleajure !  And  (hall  we  think  that  our  Anceftor| 
were  fo  fooTifli  as  lo  h^aard  iheii  Perfons  and  E- 
ftates,  and  labour  fo  much  to  get  a  Law,  and  n; 
have  it  thirty  Times  torfirmed,  that  the  King 
might  not  commit  his  Subjeflj,  but  at  his  own 
Pleafure? — And  that  if  he  did  commit  any  of  M* 
Subjefls  without  a  Caufe  (hewn,  that  then  the  Par*' 
ty  muft  lie  in  Prilbn  during  the  King's  Pleafuiel' 
• — Nothing  can  be  imagined  more  ridiculous,  of 
more  contrary  to  Realbn  and  common  Senfe.  , 
'  From  the  Precedents  I  obferve,  That  many 
committed  by  the  King  or  his  Council,  hare  been 
delivered  upon  Habeas  Corpus,  and  that  conftantl}". 
It  is  true  thit  fome  Precedents  were  brought  on  the 
King's  Part,  ihat  when  fome  of  thefe  Perfons  de- 
fired  to  be  deliveied  by  Habeas  Cot-pus,  the  King, 
gr  hi^.  Council,  figniiied  his  Majefty'sPIcifure,  that 
they 


0/    ENGLAND.       71 


any  fhouM  be  delivered ;  or  the  King's  Attorney  An,  4.  cimfcti. 

hath  come  into  the  Court  and  releafed  them  by  [he       ''-*■ 

King's  Command  j  but  this  leems  to  make  for  ihc 

Subjwil:  For,  it  beingiahisMajefty'sPoweriodc-  j-r 

liver  them,  who,  by  his  fpecial  ComtiHndment,  and 

without  any  Caufe  fhewn,  were  icnptironed;  may 

we  not  think  that  his  Majefty,at  itiac  Time,  would 

rather  have  llaid  their  Deliverance  by  Law,  than 

furthered  it  by  his  Letters ;  and  lb  make  the  Prilbn- 

«s  rather  beholden  to  him  for  his  great  Mercy,  than 

to  the  Judges  for  Jufticc ;  had  not   his  Majefty 

knoWQ  that,  at  that  Time,  they  ought  to  have  been 

delivered  by  Law  ? 

'  I  think  no  Man  would  imagine  a  wife  King 
would  have  fufftred  his  Grace  and  Prerogative  (if 
any  fuch  Prerogative  there  werej  to  be  fo  continu- 
ally queftioned  ;  Or  his  Majefty  and  his  Council  to 
be  fofar  from  commanding  the  judges  not  to  proceed 
to  deliver  the  Prifoners,  by  ihem  commit  ted,  without 
Caufe  fliewn;  as  that  on  the  other  Side,  (which  li 
all  the  Force  of  thefe  Precedents)  the  King  and 
Council  ftiould  fijnii'y  to  the  Judges,  that  they 
fliould  proceed  to  deliver  the  Parties  I 

*  Certainly,  if  the  King  had  cballcDgcd  any  fuch 
Prerogative,  that  a  Perfon  committed,  without  any 
Catile  fliewn,  might  not  be  delivered  by  the  Judges 
without  his  Content  i  it  would  have  appeared,  by 
one  Precedent  or  other  amongft  all  that  have  been 
produced,  that  his  Majefty  would  hive  made  fonic 
Claim  to  fuch  a  Prerogative :  But  it  appears  on  the 
contrary,  that,  in  many  of  thefe  Cafes,  the  King 
nor  his  Council  did  ever  inter pofa ;  and  where  they 
did,  it  was  always  in  Affirmation  and  Encourage- 
ment to  that  Court  to  proceed.  And  bcfsdes,  the 
writing  of  Letters  from  the  King  to  ihe  Judges  to 
A>  Jultice  to  his  Majefty's  Subjects,  may,  wiih  ai 
great  Reafon  be  interpreted,  that,  without  rhofe 
Letters,  they  might  not  do  Juftice ;  as  this.  That 
the  Kmg  lignified  his  Willingnefs  that  fuch  and 
fuch  Pcrlons,  which  were  committed  by  him  with- 
out Caut'e  (hewn,  fhoulJ  be  delivered;  theieforc 
the/ 


71   TTfC'TarliamentatyiliSTo&Y 

An.4-Ch1ric1i.tbey  could  not  be  delivered  without  him ;  which 
***■       ^afttange  Reafon.  » 

'  So  that  finding  the  Laws  fo  full,  l"o  many,  im 
U)  plain  in  the  Point ;  and  that  wlienever  any,  coaB- 
mined  without  Caufe  fhewn,  brogght  their  Habtei 
Corpus,  they  "Were  deUvered  ;  and  no  Command 
ever  given  to  the  corttrary,  nor  no  Claim  made,  on 
the  King's  Part,  10  any  I'uch  Prerogative ;  I  msy 
fafely  conclude  as  the  Houfe  of  Commons  have 
done:  And  if  any  one  Precedent  or  two,  of  late^ 
can  be  (hewn,  that  the  Judges  have  not  deliver«i; 
the  Prifoners  focommiiled,  1  think  it  13  their  FauJtt 
and  ought  to  be  enquired  ofj  but,,contrarily*  j|! 
feema  (o  me  to  be  an  unduubted  Right  of  the  Su()n-' 
jeft.  That  if  he  be  committed  without  Caufe,  <Mf!^ 
■.viihout  Caufe  (hewn,  yet  he  may  have  fome  fpetkJ' 
dy  Courfe  to  bring  himlelf  to  Trial,  either  to  jufti^ 
hisown  Innocency,  or  to  receive  Punifliment  a^ 
coiding  to  his  Fault :  For  God  forbid  that  an  ion 
EOcent  Man,  by  the  Laws  of  England,  fhould  b» 
put  in  wotfe  Cafe  than  the  moft  grievous  MalefafiB 
tors  are;  as  muft  needs  be,  if,  when  a  Caufe, H" 
fticwed,  he  may  have  his  Trial ;  but,  if  none,  t|^ 
muft  lie  and  pine  in  Prifon  during  the  Kin^B  Pleo.-^ 
lure.  li 

I'  Mr.  Sergeant  ^j/o',  the  other  Day,  told  youtfi 
Lordlhips  of  the  Emblem  of  a  King ;  but,  by  hta; 
Leave,  he  made  a  wrong  U  fe  of  it :  For  the  King 
holds  in  one  Hard  the  Globe,  and  in  the  other  cha 
Scepter,  the  'IVpes  of  Sovereignty  and  Mercy,  buE  ■ 
his  Sword  of  Juftice  is  ever  carried  before  him  by.*-, 
Minifter  of  Juftice;  which  fhews  that  Subje^i 
may  have  their  Remedies  for  Injuftice  done,  and 
,,1  tmiuJ  ithat  Appeals  lie  to  higher  Powers;  for  the  Laws 
""*'  "'■'  6F  England  are  fo  favourable  to  their  Princes,  aa , 
to  declare  that  they  themfelves  can  do  no  InjuStcec  , 
*  Therefore  I  will  conclude,  as  aJl  Difpuies  fhoul^fi 
do,  Mi^gna  ijl  Veritai^  &  prevakl/it :  And  I  make 
»o  Doubt,  we  living  under  fo  good  and  juft-.a  Priiv:e  i 
as  we  do,  when  this  b  reprefeiited  uniohjni,  heWt  ■ 
anfwer  us,  ^t^gna  tflCI-4}rlQi  iS pitvahi^iu-        ,/  [ 


1 


2hu]ft. 
lE. 

i 


0/    E  N  G  L  A  N  D.      73 

■  The  Houfe  being  icfumed,  it  wasagreed»  as  aAi 
general  Conclufion,  '  That  a  Commitment,  by 
the  King,  or  his  Council,  is  good  in  point  of  Au- 
thority i  and,  if  the  Caule  of  Commitment  be  juft, 
then  it  ia  good  for  the  Matter :  But  ihefe  two  Con- 
cefiicns  were,  no  way,  to  prejudice  the  King's 
Aiithority,  nor  yet  the  Ptopofitiyns  of  the  Houfe 
of  Commons,' 


April  22,  This  Debate  was  again  refutned,  how-AfurthnCooff- 
ever,  nothing  was  then  concluded  on;  but  the  ™h*  reining  lo 
Day  following,  it  w,is  agreed,  by  the  Lords,  tOs'^'^.H^'*""''* 
have  another  Conference,  wiili  the  oiher  Houfe,  ' 
on  this  Subjcft;  '  That  they  concur  with  ihe 
Commons  in  their  Delire  of  all  juft  Liberties  to  the 
Subjed,  but  they  do  find  it  fit  and  neceflary  alfoto 
preierve  the  juft  Prerogative  of  the  King  j  and,  to 
that  End,  that  both  Houles  mi^ht  agree  therein^ 
this  Conference  was  delired.'  -     " 

This  Propofal  was  accept©!  on  by  the  Coiq 
mons,  and  a  Conference  b-.'^'n  which  hi\ed  twj  J 
Days;  but  nothing  particular  wasagreed  on  betwefi|i  I 
them.  On  the  25th,  the  ArchbilTifli;  of  Cdif^.l 
imry,  from  the  Commitlce  of  Lords  appointed  fojT 
this  Ijulinels,  reported,  '  That  they  agreed  on  » 
further  Conference  with  the  Commonsi  in  wbicl^ 
they  intended  to  offer  feme  Propofitions  to  th^iB,- 
which  they  had  Liberty  to  alter,  add,  or  dimiq-, 
ni(h  as  they  thought  proper :  To  Qiew  tliem  that 
the  Lords  were  neither  out  of  Love  with  their  Pro-, 
pofitions,  nor  in  Love  with  their  own.'  Tliciaid' 
Propofitions  were  read  in  thefe  Words- 

I.  '  That  his  Majefty  would  be  pleafcd,  graci-  The  i-ord,  P 
oufly,  to  declare,  That  the  good  old  Law  called p^f'iioni  ihei< 
Magna  Charta.,  and  the  fix  Statutes,  conceived  to"'""" 
be  Declarations  and  Explanations  ol  that  Law,  do 
Hill  ftand  in  Force  to  all  Inienls  and  Purpofes. 

n.  '  That  his  Majefty  would  be  plcafed,   gra- 

cioully,  to  declare.    That,  according  to  Magna 

Chartu,  and  the  fix  other  Statutes  aforenamed,  as  _ 

alfo  according  to  ihc  moft  antient  Cuftcms  and,  ' 

Lawi" 


74     TheTarliammtary  History 

An.  ♦•Chatletl.  Laws  of  this  Land,   every  freeSubjeft  of  this  Realm 

«6^.       hath  a  fundamental  Property  in  bis  Goods,  and  a 

fundamencal  Liberty  of  his  Perfon. 

,■-  111-  '  That  his  Majelly  would  be  pleafcd,  gn- 

•"'  cioufly,  to  declare,  That  it  is  his  Royal  Pleafare 

to  ratify  and  confirm  unto  all,  and  every,  hisioyul 

and  faithful  Subjects  all  their  feveral,   aniicrt,  juft 

Liberties,  Privileges,  and  Rights,  in  asamiiieand 

beneficial  Manner  to  all  Iniems  and  Purpofes,  as 

their  Anccftors  did  enjoy  the  fame  under  the  beft  of 

his  Majefty's  raofl  noble  Progenitors. 

IV.  *  That  his  Majefty  would  be  further  pleaferf,' 
gracioufl)-,  to  dcclaic,  for  ihe  good  Coniernmenf  I 
of  hia  loyal  SubjeCls,   and  for  the  fecuring  thent   ' 
from  future  Fears,  That,  in  all  Cafes,  within  the' 
Cognizance  of  the  Common  Law,  concerning  th*  \ 
Liberties  of  the  Subject,   hi*  M^efty  would  priw" 
ceed  according  to  the  Common  Law  of  this  Landk  , 
and  according  to  the  Laws  eftabliflied  in  ibis  King*'  | 
dom,  and  in  no  oiher  manner  or  wile.  " 

V.  '  As  touching  his  Majefty':.  Royal  Prerogfck^  1 
(ive,  incident  to  his  Sovereignly,  and  intrufted  hini"  ' 
withal  from  God,  ad  (ammiinem  tottus  PsfiuH  SahU 
tern,  &  noil  ai  DeflruHmem,  That  his  Majdly' 
<rould  rcfolve  not  to  ufe  or  divert  the  fame,  to  thfl' 
Prqudice  of  any  of  his  loyal  People  in  the  ProperqJ- 
cf  their  Goods,  or  Liberty  of  their  Perfons:  And 
in  cafe,  for  the  Security  of  his  Majefty's  Royal 
Perfon,  the  common  Sifeiy  of  his  People,  or  th* 

'  peaceable  Government  of  this  Kingdom,  his  Ma-J' 

jdfty  fhalt  find  juft  Caufe,  for  Reafon  of  State,  to 
imprifun  or  rertrain  any  Man's  Perfon ;  his  Ma^' 
jefty  would,  gracioufly,  declare,  That,  within  a 
convenient  Time,  he  (hall  and  will  exprels  the 
Caufe  of  the  Commitment  orReftraint,  either  ge* 
neral  or  fpecial ;  and  upon  a  Caufe  fo  exprefled, 
will  leave  him  immediately  to  be  tried  according 
[0  the  Common  Law  of  this  Land.' 

The  Conference  being  agreed  on,  the  Archbifhop 
of  Cantit-bwy  began  it  with  this  fliott  Speech, 

GenikmtH 


0/    E  N  G  L  A  N  D.     75  ^ 

Gentlemen  ef  the  H^fft  e/Cmimm,  *^\i^"^^ 

THE  Service  of  the  King  and  Safety  of  the 
Kingdom,  do  call  upon  my  Lo/ds  to  givcT'ic  Archbiftop 
all  convenient  Expedition,  to  difpatch  fome  of  the Sp^il'ti^Jh^ ' 

freat  and  weighty  Bufineilea  that  are  before  us.CoafcRacc 
'or- the  better  effecting  whereof  my  Lords  have 
thought  fit  to  let  you  know,  that  they  do,  in  gene-  ~ 

ral,  agree  with  you ;  and  doubt  not  but  you  will 
agr^  wit])  qs,  to  the  bcft  of  your  Powers,  to  main- 
tain and  llippoi  t  the  fundanienlal  Laws  of  the  King- 
dom, andihefiindatnental  Libeniesof  ihcSubjedl: 
For  the  Paiticulars,  which  may  hereafter  fall  into 
Debate,  ihey  have  given  me  in  charge  to  let  you 
liRow,  Th;u  what  luth  been  prefcnted  by  you  un- 
to their  Lordfliips,  ihey  have  laid  nothing  of  it  by ; 
they  are  not  out  of  Love  with  any  Thing  that  you 
have  tendered  unto  them  ;  they  have  voted  nothitig, 
neither  ate  tbey  in  Love  with  any  Thing  proceed- 
ing from  themfelves:  For  that  which  we  (hail  fay 
and  propofe,  is  out  of  Intendment  to  invite  you  to 
a  mutual  and  free  Conference ;  that  you  with  Con- 
fidence may  come  to  us,  and  we  with  Confidence 
may  fpeak  with  you ;  fo  that  we  may  come  to  a 
CoDclufion  of  thole  Things  which  we  both  unani- 
raoully  defite. 

'  We  have  refolved  of  nothing,  defigned  nothing, 
nor  determined  nothing;  but  deCre  to  take  you 
with  us,  praying  Help  from  you,  as  you  have  done 
from  us. 

*  My  Lords  have  thought  of  fome  Propofitions, 
which  they  have  ordered  to  be  read  here,  and  iheil 
left  with  you  in  Writing;  That  if  it  feem  good  to 
you.  we  may  uniformly  concur  for  the  Subllance ; 
ani],  if  you  difier.  That  you  would  be  pleafed  to 
put  out,  add,  alter,  or  diminifh,  as  you  fliall 
ibink  fit ;  that  fo  we  may  come  the  better  to  !his 
End)  which  we  do  both  fo  deliroufly  cmbiace.' 

. The  foregoing  Propofitions  were  then  re;id  lo  the 
Commons,  and,  afterwards,  the  Archbifhop  luld 
tllttn,  ftljal  hid  been  before  agreed  on  about  add- 


•y  6     The  Tarliamsntarji  H  i  s  t  o  r  r 

An.4.Ch«!l«l 'riii  or  dimipifliing  of  them;  lo  which,  one  of 
i6iS.       ihc  Committee,  Sir  Dudley  Diggs,  made  this  Rc- 
plj. 

My  Lords, 
SitDiJiejffiBi'i  T  "^  ^^^^  pleafed  God,  many  Way;,  to  ble6  t 
Bipiv.  X    ^nighu.    Citizens,    and  BuigelTes,   now  a^ 

iembkd  in  Parliament,   wilh  great  Comfort  afflf 
ftrong  Hopes,    That  this  will  prove  as  happy  a'l 
Parliament  as  ever  was  in  England.    And,  in  theb^I 
Coiifultations  for  the  Service  of  his  Majefty,  amLV 
the  Safety  of  this  Kingdom,  ihefe  fpecial  Comfonotf 
and  Itrorg  Hopes  have  rifen  from  the  continued  | 
ftocid  Rel'pedl,    which  your  Lordfliips,  fo  nobljtl  I 
irom  Time  to  Time,   have  been  pleafed  to  fiiev?  | 
unto  ihem;   particularly  at  this  prefent,  irt  yoiff 
lb  honouraljle  Profcfiions  to  agree  with  them  in  g^ 
nersl;  and  deliring  lo  maintain  and  fupport  the 
fundamental  Laws  and  Liberties  of  England.  ' 

'  The  Commons  liave  commanded  me,  in  likl^ 
Sort,  to  afTure  your  Lordfliips  they  have  been,  arc,- 
aiid  will  be,  as  ready  to  propugn  the  juft  Preroga-l' 
tive  of  his  Majefty  ;  of  which,  Ml"  all  their  ArguJ 
mencs.  Searches  of  Records,  and  Refolutions,  they 
have  been  moil  careful;  according  to  that  which' 
formerly  was,  and  now  again  is,  proleftcd  by 
them. 

*  Another  noble  Argument  of  your  honourable 
Difpofition  towards  them  is  exprefled  in  this ;  That' 
vou  are  pleafed  to  expedt  no  prefent  Anfwer' 
from  them,  who  are,  as  your  Lordfliips,  in  your 
great  Wifdoms,  no  Doubt,  have  confidered,  i 
great  Body  that  muft  advife  upon  nil  new  Propo- 
iiiions;  and  refolve  upon  them,  before  they  can 
give  Anfwer,  according  to  the  antient  Order  of 
their  Houfe.  But,  it  is  m^nifeft,  in  general,  (God 
he  ihaniced  for  it)  there  is  a  great  Concurrence  of" 
Aifcflion  to  the  fsme  End  in  both  Houfes;  and' 
fiich  good  Hai  monyj  that  I  intreat  your  Lordfhips 
Leave  10  borfow  a  Comparifon  from  Natifre,  of 
NatufiilPhitorbphy :  As  two  Lutes,  well  flrung 
and  timed,  brought  tOivcrhcr;  if  one  be  plaveiion,' 


Of    EN  GLAND.        77 

litlWStrav?s  or  Sticks  will  ftir  upon  the  other,  tho'Aii.4.Chtrieii. 
it  lycftill ;  fo  though  we  have  no  Power  to  reply,       «6»«* 
yet  thefe  Things,  faid  and  propounded,  cannot  but 
work  in  our  Hearts;  and  we  will  faithfully  report 
tbefe  Pailages  to  our  Houfe,  from  whence,  in  due 
Tinx^,  wS  hope,  your  Lordfhips  fhall  receive  a 

cpaten'tful  Anfwer*  ,' 

'  i' 

However,  the  Commons  were  not  fatisfied 
witlj  thefe  Propofitiop^  which  were  conceived  to 
dhoak  the  Petition  of  lUght,  then  under  Confidera- 
tidtt }  t>ut  demurred  upon  them. 

This  great  AflTair  ftood  thus,  between  the  two 
Houfes,.  tiUu^/Vthe  28th,  when  the  King  came 
to  the  Houle  of  Lords,  and^  fending  for  the  Speaker, 
with  the  Commons  to  attend  him,  he  faid,  ^  My 
^  Lords,  1  have  given  Commandment  to  my  Lord- 

*  Keeper  to  fpeak  fomewhat  unto  you,  in  my 
*,  Names  trufiing  to  his  Voice  rather  than  my 

*  own/ 

The"  Lord-Keeper,  having  fir  ft  conferred  with 
hisMajefty,  fpake  as  follows. 

My  Lords^   and  ye  the  Knights^    Citizens^  and 
Bftrgejfh  of  the  Houfe  of  Commons^ 

*  TTE  cannot  but  remember  the  great  and  im-T'ne  Rjn.'s 
"*     X     portant  Affairs,    concerning   the  Safety  Speech  b\*  the 


*  bodi  of  State  and  Religion,   declared  firft  from  i->r<i  Keeper,  <!-- 

•  bis  Majcfty;8  own  Mouth,  to  be  the  Caufes  of  ^"^f  jj;;;*';;^' 


*  not,  but  it  doth  fo)  with  you ;  fince  the  Danger 
y  Jncreafeth  every  Day,  both  by  Effluxion  of  Time, 
^-an^  Preparations  of  the  Enemy. 

•  Yct-liisMajefty  doth  well  weigh,  that  this 
*^E3cpencc  of  Time  hath  been  occanoned  by  the 

*  ^fj>ate,  which  hath  arifen  in  both  Houfes, 
'•pouching- the  Liberty  of  the  Subjeft;  in  which, 
*--as  \fR  Majefty  takes  in  good  part  the  Purpofe  and 
* '  Intem4>f  the  Houfes,  fo  clearly  and  frequently 

*  pitfeiledy  thai  they  would  not  dirriiniib  oc  ble- 

milb 


78    The  ^Parliamentary  History 

A«.4.cli.»lnJ-'  miflihisjuil  Prerogativej  Co  he  prefiimes,  thai 
•*">■       '  ye  will  all  confels  it   a  Point  of  exiraordjnary 

*  Grace  and  juflice  in  him,  to  fuffer  it  to  reft  fo 

*  long  in  Difpute  without  lolcrrupuon.     But  now 

*  his  Majefty,  confidering  the  Length  of  Time 
'  which  it  haih  already  taken  ;  and  fearing  nothing 

*  fo  much,  as  any  future  Lofs  of  that  whereof  evo* 

•  '  ry  Hour  and  Minute  is  fo  precious;  and  fore-   ; 

.  *  feeing  that  tlie  ordinary  Way  of  Debate,   though  _ 

'  never  fo  carefully  hufbanded,  yet,  in  regard  of'  j 

'  '  ihe  Form  of  both  Houfes,  ncceilarily  takes  more 

'  Time  than  the  Affairs  o{  Cbriflendom  can  per-' 

'  mit:  His  Majefly,  out  of  his  great  and  princely 

'  Care,  hath  thought  of  this  Expedient  to  iboriea' 

I  '  the  Bufinefs,  hy  declaring  the  Clearnefs  of  hit 

I  '  own  Heart  and  Intention :  And  therefore  hath 

'  commanded  me  lo  let  you  know,  That  he  held-' 

.  '  €th  the&tatutt  e/"  Magna  Charta,  and  the  athtr 

'  ^ix  &tatutei  infifted  vpon  fcr  tht  Sutje^s  Liberty, 

*  to  be  all  in  Farce  ;  and  affures  you,  that  he  ivUl 
'  maintain  all  hit  Subieifi  in  thejujl  Freedom  cf  their 

*  Perfons,  and  Safety  tf  their  Ejlstes;  and  that  he 
'  will  govern  aticrding  to  the  Laws  and  Statutes  ef 
'  this  Realm;  and  that  you  Jball find  as  muchSetu- 

h'  rity  in  his  Mojejiy's  Royal  fVord  and  Promfi,  at 

'  in  the  Strength  of  any  Law  ye  can  mate ;  ft  that 

'  hertaftir  je  Jbali  never  have  Caufe  la  tsmpkin. 
'  The  Concluiion  is.  Thai  his  Majefty  praycth 

'  God,  who  hsih  hitherto  bleffed  this  Kingdom, 

'  and  put  it  into  his  Heart  to  come  to  you  this  Day, 

'  10  make  the  Succefs  happy  both  to  King  and  Peo- 

P*  pie:  And  therefore  he  deftres,  that  no  Doubt  or 

*  Diftruft  may  poQefs  any  Man,  but  that  ye  wiJI 

*  all  proceed  unanimously  to  his  Buliaels.' 

This  (hori  Speech  being  ended,  his  Majefty  de- 
l)-iuir  iherctm,  pajied  ;  and  the  Lord-  Keeper  ordered,  that  a  Co- 
ihU» Common.. pj,  ^^  jj  (hould  be  lent  to  the  Commons. 
^^^  After  the  Reiurn  of  thai  Body  to  their  owq 

^^H  Houfe,  Rtijhworlh  inrormi  us  that  Mr.  Secretary 

H^B  Ciok  made  a  Speech,  in  order  to  perfuade  them  to 

"-  comply  with  the  King's  Defiies.    But  there  is  no- 

thi^s 


Of    ENGLAND. 


79 


thing  of  it  in  tbeir  ysarw/;,  nor  of  ihe  cnfuingAn.+ cw«l- 
Debate  upon  it.  i6»8. 

■nic  Secretary  faid.  '  His  Majcily  puts  us  in 
Mind  of  [he  great  and  important  Ai^irs  of  ihc 
State,  and  of  his  Senfe  thereof,  that  by  Effluxion 
of  Time  increafeth  in  him ;  and  he  douij»  not  but 
that  it  doth  increafe  in  us.  Ye  Ice  hij  Majefly's 
Moderation  in  the  Interpretation  of  all  our  Ani- 
ons ;  he  faiih.  That  he  hopes  we  have  the  fame 
Senfe  he  hath  of  the  Expencc  of  Time,  that  grew 
from  the  Debates  in  both  Houfes.  We  fee  how 
indulgent  he  is,  that  however  the  Affairs  of  Chrif- 
undem  i'St  great,  yet  he  omits  not  this;  nay,  he 
takes  in  good  Part  our  Proceedings,  and  our  Decla- 
rations ihat  we  will  not  impeach  the  Prerogative: 
Alfo  his  Majefty  prefumea  that  we  will  confcfs, 
tbat  he  hath  ufed  extraordinary  Grace,  in  that  he 
hath  endured  Difpute  fo  long ;  yet  he  acknow- 
Icdgeth  it  Juftice  to  ftand  as  we  have  done. 

'  However,  out  of  a  princely  Regard  to  the 
Public,  he  is  careful  no  more  Time  be  loft  ;  and 
(becaufe  he  fees  fome  extraordinary  Courfc  muft  be 
taken)  tofatisfyusjieobfcrves,  that  in  the  Form  of 
the  J5tka.it,  fuch  a  Length  is  required,  as  the  urgent 
Nature  of  his  Bulinefs  will  notpoflibly  endure.  It 
is  to  be  prefumcd,  that  his  Government  will  he 
according  to  the  Laws:  We'cannol  but  remember 
what  his  Father  f^id.  He  is  na  King,  but  a  Tyrant^ 
thai  gevirm  nst  by  Law,  but  this  Kingdcm  ts  to 
be  governed  by  ihe  Common  Law,  and  his  Ma- 
jefty affures  us  fo  much  ;  the  Interpretation  is  left 
to  the  Judges,  and  to  his  great  Council,  and  all  is 
to  be  regulated  by  the  Common  Law :  I  mean  not 
Magna  Charta  only,  for  ihat  Magna  Charta  was 
Part  of  the  Common  Law,  and  the  antient  Law 
of  this  Kingdom  ;  all  our  DifiVrencc  is  in  Ihe  Ap- 
pltnuon  of  this  Law ;  and  how  this  Law,  with 
Diflcrence,  is  derived  into  every  Court.  I  con- 
.ceive  iberc  ?rc  two  Rules,  the  one  of  Brafs.  that  h 
itgid,  and  will  not  bend,  and  that  is  the  Law  of 
ahc  King'i  Btnch ;  this  Law  will  not  bend  ;  and 
wbcn  il  lights  on  Subjects  fittir.g,  if  it  donolbend, 


^™  80    TbeT^r/iamefitaryUisrosiY 

Aa.4  c%3rieii,it  IS  uojuft :  And  there  comes  in  the  Law  of  Chant 
1618,  eery  and  Equiiyj  this  is  Application  of  Law  in 
private  Men's  Caufn.  when  it  comes  to  Maim  W 
7uuM.  And  thusihegencial  Government  of  Gafci, 
with  relation  to  ihe  common  State  of  the  King- 
dom, is  from  the  Council-Boardj  and  [here  they 
may  vary  from  the  Law  of  the  Kingdom:  Sup- 
pofe  it  be  in  Time  of  Dearth,  any  Man's  Good^, 
may,  in  that  Time,  be  forced,  and  be  brought  lo^; 
the  Market :  We  faw  the  Experitnce  of  it  in  Co^, 
in  hndanf  when  the  Council-Board  caufed  them  m, 
be  brought  forth  and  fold.  In  a  Time  of  Pefti- 
lence  Men  may  be  reftrained  :  If  a  Schifm  be  likCj 
to  grow  in  a  Church,  the  State  will  inquire  after. 
the  Fivourers  of  it :  If  there  be  fear  of  Invafion,, 
and  it  be  encouraged  by  Hope  of  a  Party  amon^ 
u?,  it  Is  in  the  Power  of  Government  to  reftrain. 
Men  to  their  Houfcs, 

'  In  the  Compofure  of  ihefc  Things,  there  is 

ycit  Difference :  What  Differences  have  been  be- 

iwecn  the  Courts  of  Chancery  and  Ki;t^'s  Bench} 

It  is  hard  to  put  true  Difference  between  the  King's 

Prerogative  and  our  Liberties.     His  Majelly  faw 

Expence  of  Time  would  be  prejudicial.  It  pleafed 

^^^  God  to  move  his  Majefty,  by  a  Divine  Hand,  to 

H^B  ihew  us  a  Way  to  clear  all  our  Difficulties ;  let  us 

^|H  attend  to  all  the  Parts  of  it ;  there  be  five  Degrees  ; 

^^V  and  there  is  more  Affiirance  than  we  could  have 

I  by  any  Law  whatfoever.     His  Majefty  -declares, 

I         ,  That  Magna  Ghana  and  the  other  Statutes  are  in 

'  Force.    This  is  not  the  firft  Time  that  the  Liberty 

of  the  Subjeft  was  infringed,  or  was  in  Debate  and 

1  confirmed.    All  Times  thought  it  iafe,  that  when 

'  they  came  to  a  Negative  of  Power,  it  was  hard  to 

Ekeep  Government  and  Liberty  together :  Yet  his 
Majefty  flopped  not  there ;  but,  according  to  ch* 
Senfe  of  thefe  Laws,  That  he  will  govern  his  Sub- 
iefls  in  their  juft  Liberties;  he  aflures  us  our  Li- 
berties are  juft;  they  are  not  of  Grace,  but  of 
Right;  nay,  he  allares  us,  he  will  govern  us  ac- 
cording to  the  Laws  of  the  Realm,  and  that  wc 
Ql^li^u  DiuchSKudt;  in  bis  Majeff}''s  Pro- 
'  11     '  '  '     \  .^^* 


1 


0/   E  N  G  L  A  N  D.     8i 

mife,  as  in  any  Law  we  can  malre;  and  whatfo^An.  4. 
ever  Law  we  iliall  make,  it  mull  come  to  his  Ma- 
jefty's  Allowance ;  and  if  his  Majefty  find  Cnufe 
in  hia  Government,  he  need  not  put  Life  to  it: 
Wc  daily  lee  all  Laws  are  broken,  and  ail  Laws 
will  be  broken  for  the  Public  Good ;  and  the  King 
may  pardon  all  Offenders;  his  Majeily  did  fee, 
Ihal  ihe  beft  Way  to  fettle  all  at  Unity,  b  to  cx- 
prefs  his  own  Heart :  The  King's  Heart  is  the  bell 
Guider  of  his  own  Promife,  his  Promife  is  bound 
with  his  own  Heart.  What  Prince  can  expreft 
more  Care  and  Wifdom? 

*  Laftly,  he  faith,  That  hereafter  ye  Oiall  never 
have  the  like  Caufe  to  complain :  May  we  not 
tiiink  the  Breach  is  made  up  ?  Is  not  his  Majefty 
engaged  in  his  Royal  Word  ?  ' 

*  The  Conclufion  is  full  of  Weight :  And  he' 
prays  God,  that  as  God  haih  blefled  this  King-i| 
dom,  and  put  it  into  his  Heart  to  comeamongft< 
us,  fo  to  make  this  Day  fuccefsful.  The  TVrath  jf 
a  King  is  Hie  th  Rearing  of  a  Lien,  and  all  Laws,J 
with  his  Wrath,  are  of  nu  Effect ;  but  Ihe  King'i^ 
J^vaur  is  Hie  Ihe  Dt-jj  vfin  the  Grafs,  there  all  wiU^ 
profper ;  and  may  God  make  him  the  InHTumeoCtl 
to  unite  all  our  Hearts.  V 

*  His  Majefty  having  thus  difcharged  himfeif,! 
he  prays  us  to  proceed  to  the  Butinefsthat  foinuchr 
concerns  him.     As  hia  Majefty  haih  now  (hew 
himfelf  the  beft  of  Kings,  let  us  acknowledge  1 
Majefty's  Goodnefs,     and  return  to  itat  UnieaJ| 
which  wc  all  defiied.' 

To  this  Motion  Sir  Benjamin  Rudyard  replied  ('f)«4 
Mr.  Speaker, 

WE  are  now  upon  a  Bufinefs  of  great  IiB-  J 
portance,  and  the  Manner  of  handling  it'l 
may  be  as  great  as  even  the  Bufinefs  itfelf.    Liberty  1 
IS  a  precious  Thing,  for  eveiy  Man  may  fet  hi»l 
Vot.  VIIL  F  owi»| 

ij)  ftrm  »  Minofcripl  in  the  Hirrryum  Lihtey.     There  ii  in'ij 
but  fi'ttc  Pjl*G"f hi  arc  ihtr*  Dtnittcji. 


CiaditU 


S  a    The  'Varliafieptary  H  i  s  to  |v,t 

Ai).4.clwtc«lTriceupon  it;  and  he  that  doth  not  value  it,  i| 
ifa>.       fen'Ci  to  be  valued  accordingly. 

'  For  my  own  Part*  1  am  clear  wiihout  Scrudl 
that,  wiiat  we  have  refolved  is  according  to  La^ 
and  if  any  Judge  in  England  wcrs  of  a  contrail 
Opinion,  I  am  lure  we  ftiould  have  heard  of  hn 
before  now.  Out  of  all  Queition  the  very  PoittT 
the  Scope  and  Drift,  of  Magna  Chaita  was,  to  r3 
fiuce  the  Regal  to  a  Legal  Power  in  Matters  oflni-" 
prifonment ;  or  elle  ii  had  not  been  worth  fo  rnuch^,' 
contending  for.  ''  - 

'  But  there  have  been  Precedents  brought  io} 
prove  the  Prailtice  and  interpretation  of  the  Lawl^ 
i  confels  I  have  heard  many  Precedents  of  Utility' 
and  Rclpeft,  butnoncat  allofTruth,  otofLaW:' 
Certainly  there  is  no  Court  of  Juftice  in  Englandt 
that  will  difcharge  a  Prifoner  committed  by  tho 
King,  Rtgs  inconfiilts,  i.  e.  without  acquainting 
the  King ;  yet  this  good  Manners  was  never  made, 
or  mentioned,  as  a  legal  Pari  of  the  Delivery. 

'  It  isobjeif^ed,  that  the  King  ought  to  have  a 
'I'rutl  left  and  repofed  in  him ;  God  forbid,  but  he 
fhculd :  And  I  hope  it  is  impoflible  to  take  it  from 
Mm  ;  for  it  lies  not  in  the  Wit  of  Man  to  devife 
fuch  a  Law,  as  fti.iU  be  able  to  comprehend  ail  Par- 
liculars,  all  Accidents,  but  that  extraordinary 
Cafes  muft  happen  ;  which  when  they  come,  if 
ihey  be  conducted  for  the  common  Good,  there 
will  be  no  Law  agatnft  them;  yet  muit  the  Law 
be  general,  for  otherwife  Admiflions  aftd  Excepti- 
ons will  'ret  and  eat  out  the  Law  to  nothing. 
God  himfeif  li.ith  condituied  a  general  Law  of 
Nature  lo  govern  the  ordinary  Coutfe  of  Things ; 
bur  he  hath  made  no  Laws  for  Miracles:  Yet  there 
is  this  Obfervaiioii  of  i!:em,  that  they  are  rather 
prater  Naiuram  than  comra  Katuram,  and  alwayi 
prspur  bstiBs  Fmei  i  fo  likewiie  the  King's  Prero- 
gatives arc  rather  befide  the  Law  rhan  againlt  it ; 
and  when  they  are  direflcd  to  right  Ends  fur  the 
public  Good,  they  are  iwi  only  concurring  Laws, 
but  even  Laws  of  Singularity  and  Exallency. 

'  But 


■■  '0/    E  N  G  L  A  N  D.         8j 

^  But  to  come  nearer,  Mr.  Speaker,  let  us  con-An,  t-Chirfrf 
fidcr  where  we  are  now;  and  what  Steps  we  have  ''**■ 
gone  and  gained  .■  The  King's  learned  Coiinfel 
have  acknowledged  a!!  the  Laws  to  be  fl  ill  in  Force  j 
the  Judges  have  difal lowed  any  Judgment  againft 
thefe  Laws;  the  Lords  alfo  have  confelled  that 
the  Lawg  are  in  full  Strength  j  they  have  furiher 
relained  our  Refblutions  entire,  and  without  Preju- 
dice: Ali  this,  hitherto,  is  for  our  Advaiu-igci 
but  above  all,  his  Majefty  himfeU,  being  publicklj' 
prerent,  hath  this  Day  declared,  by  the  Mouth  of 
my  Lord-Keeper,  before  both  Houfes,  Thai  Mag- 
na Cbaria,  and  the  other  fix  Sratutes  are  yet  in 
Foice;  that  he  will  .maintain  his  Subjedls  in  the 
Liberty  of  their  Perfons,  and  (he  Properiy  of  their 
Goods  i  and  that  he  will  govern  according  to  the 
Laws  of  this  Kingdom.  This  is  a  folemn  and; 
binding  Saiisfaiaion,  exprefling  his  gracious  Readi- 
nefs  to  comply  with  his  People  in  all  chelr  reafona-  , 
ble  and  juft  Defires. 

'  The  King  is  a  good  Man,  and  it  is  no  Dimi- 
nution to  him  to  be  called  fo ;  for,  whofoever  is 
a  good  Man,  (hall  be  greater  than  a  King  that  is 
not  lb- 

*  The  King,  certainly,  is  exceeding  tender  or 
his  piefent  Honour  and  of  his  Fame  hereafter;  he. 
will  think  it  hard  to  have  a  worfe  Mark  fet  upon' 
liim,  and  his  Government,   than  any  of  his  An-    ■ 
ceftors  hj  extraordinary  Reftraints :    His  Majefty  i 
haih  already  intimated  unto  us,  by  a  Mellage,  That 
he  doth  willingly  give  Way  to  have  the  Abule  ot ,   ' 
Power  reformed  J  by  which,  I  do  verily  believe;  ; 
that  he  doth  very  well  underftand  what  a  miferaWe. 
Powff  it  is,  which  hath  produced  lb  much  Weak.-  ," 
nets  to  himfelf  and  lo  the  Kingdom  ;  and  it  Is  our . 
H'appintfs  that  he  is  fo  forward  to  redrefs  ir. 

'  For  my  own  Part,  I  (hall  be  very  glad  to  fee' , 
that  good,  old,  decrepid  Law  oi  Magno  Chart a^ 
which  haih  been  fo  long  kt^t  in  and  lain  bed-rid  aa' . 
it  Were;  I  flioiild  be  gl.id,  I  fay,  to  fee  it  walk  a-  " 
broad  again,  with  new  Vigour  and  Luftre,  attended 
F  2  by 


1 

;wiu 


^84   The'P^rliamcmaryHx^rofij 

An,4.Ch«k»).by  the  Other  fix  Slaiutes.     For,  queftionlet,  it 
**?!•        be  a  general  Heartping  to  all. 

'  I  doubt  not,  but,  by  a  free  Conference  with 
the  Lords,  we  (hall  happily  fall  upon  a  fair  and  fit 
Accommodation,  concerning  the  Liberty  of  our 
Perfons  and  Property  of  our  Goods. 

'  I  hope  we  (hall  have  a  Bill  10  agree  in  the  Point 
againft  Imprilbnmenc  for  Loans,  or  Privy-Seals  j 
but  as  for  imrinfical  Power,  and  Reafons  of  State, 
Ihey  are  Matters  in  the  Clouds ;  where  I  defirewe 
may  leave  them,  and  not  meddle  In  them  at  all ; 
ieart,  by  way  of  Admittance,  we  may  loofe  fome* 
yfh&i  of  that  which  is  our  Own  already.  Yet  thjs, 
by  the  Way,  I  will  fayofRcafon  of  State,  ihi, 
in  the  Latitude  it  is  ufed,  it  haih  eaten  out  almoft 
not  only  all  the  Laws,  but  all  the  Religion  of 
Chrijhndnm.  Now,  Mr.  Speaker,  1  will  only  re- 
member you  of  one  Precept,  and  that  of  the  wifeft 
Man ;  Be  nat  vuer-wifi,  he  not  nver-jujl ;  and  he  ci- 
ted his  Reafon,  For  why  v/dt  thu  be  dejhlau.  Sir, 
i,f  Juflice  and  Wifdoni  (nay  he  ftretched  to  Defo- 
Uiion.  let  us  thereby  learn,  ihal  Moderation  is  the 
Viriuc  of  Virtues,  and  ;he  Wifdom  of  Wifdonu. 

'  Let  it  be  our  M.ifterpiece  fo  to  carry  our  Bu- 
Ifnefs,  as  we  may  keep  Parliaments  on  Foot  j  for, 
as.long  as  they  are  lri:queni,  there  will  be  no  irre- 

-pilarPpwerj  whifh,  though  it  cannot  be  broken 
at  once,  ytt,  in  afhorl  time,  will  be  made  weaker 

i^rid  moulder  jway.  There  cm  be  no  total  and  fi- 
lial Lofs  of  Liberiy,  but  by  Lofs  of  Patliapients  ? 
■  fur  as  long  as  iheylift,  what  we  cannot  get  at  oiie 
TTiOKt  we  may  get  at  another. 
'i  *  Let  no  Man  think  that  what  I  have  faid  is  the 
,  'jtsnguage  of  a  private  End.     My  Aim  is  only  for 

ihegood  Succcft  of  the  Whole;  fur,  1  thank  God, 

my  Mind  ft^nds  above  any  Fortune  that  is  to  jjc 

go'tKn  by  bafe  or  unworthy  Means. 

'  No  Man  is  bound  10  be  rich,  or  great ;  no, 

nor  '.o  be  wife :  Buteserv  Man  is  bound  to  he  hb- 

nelt. Ojt  of  my  HSrt  1  have  fpokcn.' 

■     Upon 


0/    e;  N  G  L  A  N  D.      8j  1 

Upon  this  Debate  it  was  ordered,  Thai  a  Ccm-  AB.4.  Onrlnf, 
Diittee  of  Lawyers  do  draw  a  Bill,  conuiniog  the        '***- 
Subtiance  of  magna  Chart  a,  iad  the  other  Sia-j\  Bi]jj,nj,„ji, 
lutes  that  do  concern  the  Liberty  of  tlie  Subjcft :  /orfteuting  ihe 
Which  Bufinefs  loolc  up  two  whole  Days.  ^^"a  "^ ''" 

OftheSpeechesin  thisDebate  wemectwithon-  "  ^'  " 
ly  the  two  followingt   viz..   Mr.  HachuilTs  and 
Mr.  Mafitt\hOi\x  of  Lincolnl-lnn  (rj.    Mc.  Bak-  *'»*'*'""'"'■ 
wiU  fpoke  as  follows. 

Mr.  Speaker, 
T  Chofe  rather  to  difcover  my  Weaknefs  by  Speak- 
I    itig,  than  to  betray  my  Confcience  by  Silence: 
My  Opinion  is,  That  we  ihall  do  well  totally  to 
omit  our  ReibluCions  out  of  this  Bill  (j),  and  rfly> ' 
only  upon  a  Confirmation  of  the  Laws.  1 

'  The  Objeiflions  made  againlt  this  Opinion  are,  J 
two. 

*  Tbo/i>/?  is,  That  we  (hall  thereby  1 
from  our  own  Refolulions. 

*  The  Srtwrf,  That,  by  a  bare  Confirmations 
ihe  old  Laws,  without  the  inferiing  of  our  Relo-i 
lurions,  by  way  of  Explanation,  we  {hall  be  but 
in  the  fame  Cafe  as  before. 

*  For  ihe  Fir^,  That  iliough  we  defire  only*   . 
Confirmation,  without  adding  of  our  Rcfolutiona,-- ; 
we  do  not  ihereby  recede  from  our  Refolutions,  'I 
reafonthui: 

*  Our  Refolutions  were  drawn  out  of  the  Senfe  of 
thofe  Laws,  which  are  now  defiredtobe  confirmed  1 1 
fo  that  no  Queftion  can  be  made  by  any  of  us,  that 
have  thusdeclaredourfelves,  but  that  ourRefoIutions 
an  virtually  contained  in  ihole  Laws ;  if  ihar  be  To,  < ' 
^ow  can  our  Acceptance  of  a  Confirmation  of 
Ihofe  Laws  be  a  Departure  from  our  Refolutions  ? 

'Nay,  rather,  I  think  Ihe  contrary  is  true  i  He,' 

who  doubts,  that,  by  Confirmation  of  thefe  Lawia^: 

our  Rerolutions  atenot  hereby  confirmed,  doubtijJ 

whether  we  have  juftly  deduced  our  Refulutionw  1 

F  3  out 

■      fi-J  Not  io  Rafivmii.     Tiltcn  ficini  the  EfbemirU,  cotnpjrei  - 
ir4  correflHl  kj  Th;  Minufctipi.. 
[<)  See  Vol.  VU.  p.  407. 


^^         8^'  ThfTarliametitaryHiiro^Y 
An.4.Cl>irkii.oul  of  tV.ofe  Laws  i  and  fo  ca\ls  our  Refolution* 
iSiS.       into  Queftion. 

'  This  Argument  alone,  is,  in  my  Opinion* 

^ij^  a  full  Anfwer  lo  that  firft  Objcdllon,  that,  in  de- 

H^r  firing  of  a  bare  Confirmation  of  Uiofe  Laws,  we 

^^BP  depait  from  our  Refolutions. 

^^*  *  The  fccond  Obje^ion   is,  That,  if  we  have 

nothing  but  a  Confirmation,   wc  ate  in  no  better 

Cafe  than  we  were  before  thefe  late  Violations  of 

the  Law, 

*  This  I  deny;  and  do  confidenUy  affirm,  That, 
although  we  have  no  more  tlian  a  Confirmatiotl 
of  thofe  Laws,  which  are  recited  in  the  Bill  that  is 
I  now  before  us,  we  {hall  depart  hence  in  far  better 

Cafe  than  we  came ;  and  that  in  divers  Refpefts,  > 
'  Firii,  Some  of  the  Laws  recited  in  thrs  Bill* 
and  defired  to  be  confirmed,  are  not  printed  Lawst 
L  '         they  are  known  lo  few  Profeflbrs  of  the  Law,  and 

r  much  lefs  to  others ;  and  yet  they  are  Lawa  of  as 

I  great  Confequence  to  the  Liberty  of  the  Subjeft, 

if  not  of  greater,  than  any  that  are  printed ;  as 
namely,  25.  Edward  l\l.  N,  1.  That  Loans,  a- 
gainft  the  Will  of  the  Lender,  are  againft  Reafon 
and  the  Freedom  of  the  Realm;  and  36.  Edw.  IIL 
N.  g.  By  which  Imprilcnmeiiis  by  Ipecial  Com- 
mandment, without  due  Procels,  are  forbidden. 
Thefe  two  are  not  printed. 

'  That  excellent  Law,  De  lallagia  nen  ceiict- 

dtndo,  in  Print,   hath,   in  a  public  Court,   been 

fiid  by  a  great  Counfellor  to  be  but  a  Charter,  and 

no  Law. 

^^^  '  TheS^aiutc,  i.Rifi.IIf.  againft  Benevolences 

^^^B  is,  by  fome  Opinions  in  Print,  an  ablolute  Law,    If 

^^V  we  can  get  all  thefe  good  Laws,  belides  thole  Jix 

^^^  others,  whichare  Expofiticnsof  ^o/^id  6'Aartflin. 

the  Point  of  ihe  Freedom  of  our  Perlbns,    to  be 

L  confirmed,  and  put  in  one  I-aw  to  the  eafy  View 
of  all  Men,  is  notour  Cafe  far  better  Uian  whea 
we  came  hither  ? 
'  SecsnJly,  Will  not  the  Occalion  of  the  making 
of  this  Law  of  Confitmaiion,  lij  no.orioufly  known, 
- 


K 


Of    ENGLAND.      87  ^ 

be  iranrmilled  to  all  Pofterity?  Certainly  it  wiIiAB.4.Ch(tl(sl- 
never  be  forgoitcn.  That  ihe  Occafion  thereof  '***- 
was  the  Imprilbnment  of  tho(e  worthy  Gentlemen 
for  not  lending;  and  the  Refolution  in  the  Court 
of  King's  Bench  of  denying  lo  bail  ihcm:  And  is 
not  the  Occafion  of  the  making  of  a  Law  a  good 
Ruletoexpound  it?  Iffo,  then,  by  giving  a  Con- 
firmation, upon  ihis  Occafion,  we  have  bettered 
our  Cafe  very  much. 

'  Thirdly,  Have  not  the  Judges  in  (he  ^Tifi 
Btnch,  in  open  Parliament,  upon  our  Complaint, 
difcliimed  to  have  given  any  Judgment  in  the 
Point?  Which,  generally  belone,  by  the  Pariia- 
ment  was  otberwife  conceived  ;  for  now  they  fay. 
It  was  but  an  Award  and  no  Judgment  (/):  Will 
fuch  a  notorious  A41,  upon  fo  important  an  Occa- 
fion, and  in  fo  public  a  Place,  be  quickly  forgot- 
ten ?  Nay,  Will  not  the  Memory  of  it  for  ever 
remain  upon  Record  ?  Is  not  our  Cafe  then  much 
belter  than  when  wc  came  hither. 

'  Fourthly,  Will  not  the  Refolijtion  of  thisHoufe, 
ani  all  our  Arguments  and  Realbns  againft  Impri- 
fonment  without  a  Caufe  exprelled,  (which,  no 
Doubt,  by  the  Courfc  wc  have  taken,  will  be  tranf- 
ferred  lo  Pofterity,)  be  a  great  Means  to  Hiy  any 
Judgje  hereafter  from  declaring  any  Judgment  to  the 
conirary ;  and  efpecially  if  there  be  a  Likelihood  of 
the  Meeting  of  a  Parliament?  Is  not  our  Cafe  in 
this  very  much  amended? 

*  Lajily,  Have  not  we  received  Propolitions 
from  the  Lords,  wherein,  amongit  other  Things, 
they  decUred,  That  ihey  are  not  out  of  Love  with 
ocr  Proceeding!  ?  Is  not  this  a  great  Strengthening 
to  it?  But,  after  fo  long  Debate  amongll  them  a- 
boui  it,  they  cannot  rake  any  juft  Exception  to  it; 
And  doih  not  tliis  alio  much  amend  our  Cafe  ?    .1 

'  From  all  tliefe  Realbns,  I  conclude,  That  lbs  J 
ftcond  Objeftion,  that  by  3  Confirmation  we  aw  1 
in  no  better  Cale  than  when  we  came  together,  il  i 
alfo  a  weak  Obiedlion.  J. 

*  NowJ 

\f)  &€  b.fl«,  p.  3, 


Aii,4.ck>[ici  I,     '  Now,  for  Realbns  to  move  us  to  proceed  id 

****■       this  Courfe  of  accepting  a  Confirniacion  ;    /»7?, 

Wc  have  his  Majefty's  gracious  Promife  to  yield  td 

■ a  Copfirmation  of  ihe  old  Laws,  from  which  we 

^^^H  may  leil  moCt  aflured  he  will  not  depart :    If  we 

^^H  tender  htm,  withall,  oui  Refoluiiojis  to  be  enadled, 

^^H  we  have  Caufe  to  doubt  that  wc  Qiall  lofe  both  the 

'  one  and  the  other.     And, 

'  Second^t  We  are  no  lefs  afliired  of  the  Lords 
I  joining  with  us ;   for,  in  their  Propofitions  lent  to 

^^H^  US,  they  have  delivered  themfelves  to  that  Purpofe: 

^^H  This  is  then  a  fecun:  Way  of  getting  fomewhat  of 

^^^1  great  Advantage  to  us,  as  we  have  great  HopcSi 

^^H  and,  in  a  Manner,  Aflijrance  on  this  Side:  So,  on 

^^^P  the  other  Side,  we  have  great  Doubis  and  Fears, 

^^H  that  by  offering  our  Refolutions  to  be  enaded,  we 

^y  (hall  lofe 

^^^  '  For,  Fiijl,  We  have  had  already  Experience 

oF  the  Lords,  that  they  arc  not  very  forward  to 
join  with  us  in  a  Declaration  of  our  Refolurions  to 
^^^  be  Law.     If  they  Humble  at  a  Declaration,  much 

^^L  more  will  they  in  yielding  to  make  a  Law  in  the 

^^H  lame  Point. 

^^V  '  And,  have  we  not  much  more  Caufe  to  doubt 

^^^  that  his  Majefty  will  not  yield  unto  it,   feeing  it 

touchcth  him  lb  near  ?  Is  it  not  the  Notice  of  hij 

Pleafure  that  hath  wrought  thus  with  the  Lords? 

*  If  we  (hould  clog  the  Bill  wifh  our  Refolutions* 

\,  and  it  (hould  be  rejected  by  the  Lords,  or  by  the. 

King,  arc  not  our  Refolutions  much  weakened  by  it  f 

And  ate  wc  not  then  in  far  worfe  Cale  than  before 

we  made  them  ?  And  if  they  refohe  to  rejefl  our 

Refolutions,  will  it  not  lend  to  a  Juftilication  of 

all  that  hath  been  done  againll  us  in  this  great  Point 

of  our  LibcttyJ 

,*  LeI  us  then,  like  wife  Men,  conform  out 
Defires  to  onr  Hopes,  and  guide  our  Hopes  by  Pro- 
babilities; for  other  Defires,  and  other  Hopes  are 
but  yain. 

".  *  This  is  my  poor  Opinion  in  this  weighty  Bu- 
.Xuiefs' 
;      "  Then 


f 


r 


O/    E  N  G  L  A  N  D.       ^  V 

Then  Mr.  >/(ytf«  Hood  up  and  fpoke  as  follows:  *»■*  Ci'^Ai- 
A/r.  Speaktr, 

I  Am  of  Opinion,  that  in  our  Proceedings  in  the 
Matter  now  in  Debate,  we  fhould  make  Ufcof 
the  Title  of  a  Statute,  called  Cirtum/pe^e  agalii  j 
for  it  concerns  ihe  Liberty  of  our  Pcrfons,  without 
which  we  do  not  enjoy  our  Lives. 

*  ThcQueftion  is,  Whether  in  this  Bill,  for  the 
Ejipbnation  of  Mjgna  Charta,  and  the  reft  of  the 
Statutes,  we  fhall  provide  that  the  Caufe  of  the 
Commitment  mull  be  cxpreficd  upon  the  Com- 
mitment, or  upon  the  Return  of  the  Hahcas  C:r- 
pusf 

'  Before  I  fpeak  to  the  Queftion  itfclf,  I  fliall 
propofe  fome  Obfervarions,  in  my  Conceit,  neccf- 
larily  conducing  to  the  Debate  of  the  Matter. 

I.  *  That  we  ought  to  take  Care  to  provide  for 
Pofterity,  as  our  PredecefTors  have  done  for  us ;  and 
that  this  provident  Care  cannot  be  expounded  to 
be  any  Diftruft  of  the  Performance  of  his  Majefty's 
gracious  Declaration  j  this  Aft  providing  for  Perpe- 
tuity, to  which  his  Highnefs's  Promife,  uolefs  it 
were  by  Aft  of  Parliament,  cannot  extend, 

1.  '  That  we  h.iving  long  debated,  and  folemnly 
refolved,  our  Rights  and  Privileges  by  virtue  of  thcle 
Statutes;  if  we,  now,  (hall  reduce  ihofc  Decla- 
Wiona  and  thofeRefolutions  into  one  Aft,  We  muft 
■•TCr  hereafter  expefl  to  be  confined  within  the 
[.Sounds  of  that  Aift ;  it  being  made,  at  our  Suit, 
lObe  the  Limits  of  the  Prerogative  in  that  refpedt  ; 
and  it  being  an  Aft  of  Explanation,  which  ftial! 
receive  no  further  Explanation  than  itfelf  contains. 
"  3.  '  That  by  this  Aft  we  muft  provide  a  Re- 
medy againft  the  Pcrfons  which  detain  us  in  Pii- 
(bn,  for  as  to  the  Commander  there  can  be  no- 
thing certain. 

*  Concerning  the  Queftion  iifclf :  It  haih  been 
(blemnly  and  clearly  refolved  by  the  Houfe,  That 
the  Commitment  of  a  Freeman,  without  exptef- 
fing  the  Caufe  at  the  Time  of  ihe  Commi[nicnt, 


■  ■ '  j)0     The  Tiir/iattienltiry  ytisroKY 

An.^.Cliiritil,  isap'nft  ihe  Law.  Tf,  by  [his  flfl  of  Explanation,' 
ifiii.        we  fh.ill  provide  only  ihii  ihe  Caufe  ought  to  be 

Iexprelled  upon  Llie  Return  of  the  Habeet  Csrpui% 
Ihen,  out  of  the  Wordis  of  the  Statute,  it  will  n#*  ^ 
ctllaiily  be  infened,  that  before  the  Return  of  thSl 
Hattas  Co'pus  the  Caufe  need  not  to  be  expie0e<^1 
becaufe  (he  Statute  hath  appointed  the  Timcof  thi*  T 
ExpreiTion  of  the  Caufe  j  and  it  will  be  conftrued"» 
that  if  the  Makers  of  the  Statutes  had  intended) 
that  the  Caufe  iliould  have  been  tboncr  IhewnJ 
they  would  have  provided  for  it  by  the  Ail ;  anf 
Ihen  the  Aft,  which  we  term  an  Adi  of  Explana- 
tion, would  be  an  Afl  for  the  abridging  of  AlaggJ^ 
: ,  Charta  and  the  reft  of  the  Statutes  :  Or,  if  this  Aflf 

do  not  maice  the  Commitment  wiihout  expreffingi 
the  Ciufe  to  be  hwful,  yet  it  will  clearly  amour# 
to  a  Toleration  of  the  Commitment,  without  cxi'  ; 
prcfling  the  Caufe  uniill  the  Return  of  the  Habea^ 
Carpus  i  or  be  a  general  or  perpetual  DifpenfaCion? 
beginning  with,  and  coniinuing  as  long  as  the  LaT,vi 
kfelf.  And,  in  my  Uuderftaudiiig,  the  Words  of. 
this  intended  Law,  (that  no  Freeman  ought  to  be 
committed  wiihout  CaufeJ  can  noways  advantage 

IiM,  or  fatiafy  this  Objeflion  ;  for,  till  the  Return  of 
the  Habeas  Corpus^  he  that  commiis  is  Judge  of 
the  Caufe.  or  at  leall  haih  a  Licenfe,  by  this  Law,- 
till  that  Time  to  conceal  the  Caufe;  and  iheGoaler 
is  not  fubjed  to  any  Aflion  for  the  detaining  of 
the  Prifoner  upon  fuch  Comninnd  ;  for  if  the  Pri-- 
foner  demand  the  Caufe  of  his  Commitment  of  the- 
Goaler,  it  will  be  a  fafe  Anfwer  for  him  to  fay*' 
that  he  detains  the  Prifoner  by  Warrant,  and  that  ll' 
belongs  not  unto  him  to  defire  tliofe  who  commit- 
the  Prifoner  to  fliew  the  Caufe,  untill  he  returns' 
the  Habiis  Corpus ;  and  if  the  Prifoner  be  a  Suitor 
to^now  the  Csufc  from  thole  that  committed  him, 
it  will  be  a  fufficient  Anfwer  for  them  to  fay,  they" 
■will  cxprcl's  the  Caufe  at  the  Refjrn  of  the  Hdhttls 
Corpus.  In  this  Cafe  there  will  be  3  Wrong,  be- 
caul'e  iheCommiiment  is  wiihout  Caufe  expreiled;' 
ai-.dorie  ilut  lijd'ers  that  Wrong,  viz.  the  Party' 


r 


0/    E  N  G  L  A  N  D.       pi  ^ 

imprifooed;  and  yet  no  furliWiong-doerbut  may  An.+.Chiti«i. 
excufe,  if  not  juftify  himfelf,  by  this  Law.  ■'**• 

'  In  making  of  Laws  we  muft  confider  the  In- 
conveniences which  may  enfuci  and  provide  for  Ihe 
Preventionof  ihem,  Ltxtaveat  de  futurii.  \  have 
taken  into  my  Thoughts  fame  few  Inconveniences, 
which  I  fhall  expofe  lo  your  Confiderations ;  not 
imagining  that  ihefecan  happen  in  ihe  Time  of  our 
prefent  gracious  Sovereign  ;  but,  in  Afls  of  Parlia- 
nien[>  we  muft  provide  for  the  Prevention  of  all 
fcconveniences  in  future  Times. 

t.  *  If  a  Man  be  in  Danger  to  be  imprifoncd  in 
the  Beginning  of  a  long  Vacation,  for  refiiiing  to 
pay  fome  fmai!  Sum  of  Money  ;  and  knows  that, 
by  this  Afl-,  he  can  have  no  Enlargement  till  the 
Return  of  the  HaUai  Corpus  in  the  Term  ;  and 
that  ibe  Charge  of  his  being  in  Prifon,  and  of  his 
Enlargement  by  Habeas  Corpus,  will  amount  lo 
more  than  Ihe  Sum,  he  will  part  with  Money  to 
prevent  his  Imprifonmenl,  or  to  redeem  himfelf 
tbence ;  becaufc  he  cannot  fay  any  Man  doth  him 
Wrong,  until!  the  Return  of  the  Habeas  Corpus ; 
and  the  Law  refolves  a  Man  will  pay  a  Fine  rather 
than  be  imprifoned ;  for  the  Judgment  which  is 
given  when  one  is  fined,  is  ideo  capiatur,  and  the 
higheft  Execution  for  Debt  is  a  Capias  ad  faris/ati- 
fndum,  the  Law  prefuming  any  Man  will  part  with 
his  Money  to  gain  his  Liberty :  And  if  the  Priioncr 
procure  an  Habeas  Corpus,  and  he  brought  into  the 
IGtig's  Binch  by  virtue  of  it,  yet  the  Caule  need 
not  to  be  tien  exprelTed ;  the  Provifion  of  this  Law 
being,  that  if  no  Caufe  he  then  cKprefled,  he  Iha!) 
be  bailed.'  And  no  Caufe  being  (hewn  upon  the. 
Return  of  the  Habeas  Corpus^  yet  it  may  be  pre- 
tended, that,  at  the  Time  of  his  Commitment, 
there  were  ftrong  Prefumpiions  of  fome  great  Of- 
fence i  but,  upon  farther  Examination,  they  are 
cleatcd:  Or  it  may  be  laid,  that  the  Offence  was 
of  ihat  Nature,  that  the  Time  of  his  Imprifon- 
mcnt,  before  the  Return  of  ihe  Habeas  Corpm, 
was  ii  fuffiuieni  FUnilhraent ;  So  we  may  be  fre- 
quently 


^a    The'Parliammtary  Histort 


A«.4''^*'lc<  >- quentl^  imprifoned  in  this  Manner,  and  never 
*'»*■       dcrftand  the  Caul'e  ;  and  have  oflen  fuch  Putii 

mems,  and  have  no  Means  to  jutlify  ourrelvdi" 
And  for  ^1  ilicl'c  Proceedings  this  very  Law  will  b« 
[he  JuHification,  or  Colour. 

2.  *  If  by  this  Aft  there  i>e  a  Toleration  of  Im- 
prifoonient,  without  (hewing  Caufe  until!  tha 
Reiurn  of  the  Habeas  Corput  \  yet  it  b  poflible  to 
sccompny  thiit  Imprifonment  with  fuch  Circum- 
fiances  of  clofe  Rcflraint,  and  others  which  1  for- 
bear toexprefs,as  may  make  an  Imprifontnent,  for 
that  (hort  Time,  as  great  a  PuniQiment,  as  a  per- 
petual Imprifdnmeni  in  the  ordinary  Manner. 

3-  '  The  Party  may  be  imprifoned  a  long  Time 
before  he  fliali  come  lo  be  delivered  by  this  Law  % 
the  Place  of  his  Imprifonmcnt  may  be  in  the  f-jr- 
tiieft  Parts  of  this  Kingdom;  the  Judgei  always 
make  the  Return  of  the  Hibeui  Ccrpui  anfwcrab]e 
to  the  Diftance  of  thu  Piifon  from  Wtflminfier ; 
the  Goalcr  may  negleft  the  Return  of  the  firft 
Procefs,  and  then  the  Party  muft  procure  an  akai% 
the  Goajer  may  be  then  in  fome  other  Employ- 
ment for  the  King,  and  excule  the  not  returning 
the  Body  upon  that  Procels;  and  this  may  maka 
the  Imprifonmenl  for  a  Year  j  and,  in  the  End, 
no  Caufc  being  returned,  the  Party  may  be  dif- 
charged :  But  in  the  mean  time  be  Ihall  have  filf- 
fered  Impriionment ;  he  (hall  never  know  the 
Caufe ;  he  (hall  have  no  Remedy  for  it  j  nor  b« 
able  to  que(l:ion  any  for  Injuftice,  whicli  have  not 
a  Juftiiication,  or  Excule  by  this  Law. 

4.  '  The  Party  may  be  imprifoned  during  hu' 

Life,  and  yet  there  fliail  be  no  Caufe  ever  (hewm 

I  will  inflance  in  this  Manner.     A  Man  may  bp 

committed  to  the  fartheft  Part  of  the  Kingdom 

Weftward  i  be  obtains  sa  Habeas  Csrpuii  before 

ibc  Goaler  receives  the  Habeas  Carpus,  or  before 

^^  he  returns  it,  the  Prtfoner  by  Warrant  is  removed 

^L  from  that  Prifun  to  another,  it  may  be  llie  furtheft 

^H  Northern  Part  of  the  Realm;  the  firft  Goaler  re- 

^H  turns  the  fpa'ial  N/Jaiter,  wliich  will  be  fufiicient 

I 


3 


0/    E  N  G  I.  A  N  D.      p} 

to  frcehimrelf;  and,  in  like  Manner  the  Prifoner*"-*-*^'"''"'' 
may  be  iranflaied  from  one  Prifon  to  another,  and        '***' 
his  whole  Life  (hall  be  a  Peregrinalion,  or  way- 
fairkig  from  one  Goal  [o  anoiher ;  yet  he  (hall  ne- 
ver know  the  Caufe,  nor  be  able  to  complain  of  any 
who  cannot  defend  their  Aflions  by  this  Bit!. 

5.  '  If  the  Prifoner  be  brought  into  the  Court 
by  Habeas  Cerpui,  and  no  Caufe  expre(red,  and 
lliereupOQ  he  be  enlarged,  he  may  be  prefently  com- 
mitted again  -,  and  then  his  Enlargement  (hail  only 
make  Way  for  his  Commitment,  and  iliis  may 
continue  during  his  Life,  and  he  fhall  never  know 
ihc  Caufe  1  and  this  not  remedied,  but  rather  per- 
mitted by  this  A£t. 

*  And  there  are  alfo  many  Things  to  beconfider- 
ed  in  this  Matter ;  the  Expence  of  the  Party  in 
Prifon  ;  his  Fees  to  the  Goaler  ;  his  Cofts  in  ob- 
uining  arW  profecuiing  an  //ji/ai  Corpus ;  and  his 
Charges  in  removing  himfelf,  attended  with  fuch 
as  have  the  Charge  of  his  Conduct ;  and  all  this 
the  Prifoner  muft  (uftain  without  any  Salisfaftion, 
or  knowing  the  Caule. 

'  The  only  Reafon  given  by  ihofe  of  the  other 
Opinion,  (That  it  is  requilite  rhe  King  and  Coun- 
cil (hcitild  have  Power  to  command  the  Detainer 
of  a  Man  in  ftifon  for  fome  Time,  without  ex- 
prefling  the  Caufe)  is,  becaufe  it  is  fuppofed  that  the 
Manifeftation  of  the  Cau!e,  at  fitit,  may  prevent'thc 
Difcovery  of  a  Treafon.  The  Reafon  isanfwer- 
ed  by  the  Remedy  propofed  by  this  A£t ;  it  being 
propofed,  that  it  (hall  be  provided  fay  this  Bill,  that 
upon  cur  Commitment,  we  may  have  inltantly  Rc- 
oourfc  to  the  Chancery  for  an  Habeas  Csi-pm  re- 
turnable in  that  Court,  which  is  always  open,  that 
prefently  upon  the  Receipt  thereof,  the  Writ  muft 
be  returned,  and  the  Caufe  thereupon  cxprelled.  If 
then  this  Remedy  be  really  intended,  the  Caufe  of 
Commitment  muft  preftnily  appear  j  which  con- 
tradi&  the  former  Reafon  of  State. 

'And,  in  my  Opinion,  we  ought  not  only  to 
lake  Care  thai  the  Subject  fhould  be  delivered  out 
Of  Prifon,  but  to  prevent  his  Impjifonment ;  the 


t?4     'Th^ 'Par  I  lament  (fry  History 

11,*  Ch.tk!  i.Staiute  oi  Magnn  Charts,  and  the  reft  of  the  Afls,;' 
lilt  providing  tliat  no  Man  (hould  be  imprifoned  buiby 
the  Law  of  the  Land.  And  altho'  ihe  King  or 
Council,  asichjth  been  objcded,  by  Might,  may 
commit  us  without  Caule,  noiwirhftanding  any 
Laws  we  can  make ;  yet  I  am  fure,  without  fuch 
an  Aflof  Parliament,  fuch  Commitment  can  have 
no  legal  Colour ;  and  I  would  be  loth  we  (hould 
make  a  Law  lo  endanger  ourfelves :  For  which 
Reafons  1  conceive,  that,  there  being  fo  many  Ways 
10  evade  this  A(5t,  we  (hall  be  in  worre  Cafe  by  it ; 
than  without  it ;  fince  it  provides  no  Remedy  to 
prevent  our  Imprifonment  without  expreffing  the 
Caufe  to  be  lawful ;  and  adminifters  Excufes  for.' 
continuing  us  in  Prifon,  as  I  have  before  declared ; 
and  thus,  by  providing  for  one  Particular,  out  of 
Rcafon  of  State,  which  potTibly  may  fall  our  in  ari ; 
Age  or  I  wo,  wc  (hail  fpring  a  Leak  which  may  fink* ; 
all  our  Libcriies;  and  open  a  Gap,  thro' which 
AJagna  Charta,  and  the  reft  of  the  Statutes,  may  , 
ifliie  out  and  vanifh.  "  _ 

'  I  therefore  conclude,  that,  in  my  poor  Under-  , 
ftanding,  (which  I  fubmit  to  better  Judgment)  I ! 
had  rather  depend  upon  our  former  Relblutions,'' 
and  the  King's  gracious  Declarations,  than  to  pali'  * 
in  Aft  in  fuch  Manner  as  hath  been  propofed.'  ,  '"j 

May  I.  Mr.  Secretary  Cwf  delivered  to  tlicHoufe' 
the  following  Meflage  from  the  King.  ;  I 

Air.  Sp£aker,  'i 

he  King's      '  T  Have  a  very  fliort  Meflage  to  deliver  from  his', ' 
ciTage  to  the  '  J_  Majcltv,  that  (liews  both  his  Royal  Care  to'  , 
™T"w°  'a' '  ^  fighily  underltood  of  this  Houfe,  and  no  left  . 
oDhiswotd.  ,  ^,^^g  lounderftand  us  in  the  beft  Part  j  and,  to-,, 
'  Ciew  clearly  it  fliall  not  be  his  Fault  if  this  be  no^ 
*  a  happy  Parliament,  hisMajefty  hath  command-^': 
'  ed  me  todefircihis  Houfeclearly  lolethimknow,'  ■ 
'  Whether  ihey  will  reft  upon  his  Royal  Word  and 
'  Promife,  made  at  feveral  Times,  and  efpecially 
'  by  my  Lord- Keeper's  Speech  made  in  his 


J 


■<. 


Of   E  N  G  ^,  A  N  D;     Pi 


^  Prffejice  J  which,  if  they  do»  hcdoih  aflUrc  you,  An-^-CKarje; 
*;  ihat  it  (hall  be  really  and  royally  performed/  '^*^' 

■ »  .        . 

Upon  this  there  was  a  Silence  for  fome  Time. 
Then  Mr.  Secretary  Coot  proceeded  thus: 

^  This  Silence  invites  me  to  a  further  Speech,  and 
further  to  addrefs  myfelf.  Now  we  fee  we  muft 
^ow.  towards  an  Ifl'ue :  For  my  Partj  how  conh- 
dent  I  have  been  of  the  good  Ifl'ue  of  this  Parlia- 
mentf  I  have  certified  in  this  Place,  and  elfewhere ; 
a^  1  am  ftill  confident  therein.  I  know  bis  Ma* 
jcfiy  is  refolved  to  do  as  much  as  ever  King  did  for 
his.SubjeAs:  All  this  Debate  hath  grown  out  of  a 
Senfe  of  our  Sufferings,  and  a  Defire  to  make  up. 
again  thofe  Breaches  that  have  been  made* 
.  ^  Since  this  Parliament  begun»  hath  there  been , 
any  DifpetKe  made  like  that  which  hath  former* 
ly,  been?  When  Means  were  denied  his  M^njeflyy 
being  a  young  King,  and  newly  come  to  the 
Qrown,.  which  he  found  engaged  in  a  War,  what 
could  we  exped  in  fuch  Necefliiics  ?  His  Majefty 
has  called  this  Parliament  to  make  up  the  Breach : 
His  Majefty  affures  us  we  ihall  not  have  the  like 
Caufe  to  complain :  He  aflures  us  the  Law  (hail  be 
eftablifiied :  What  can  we  defire  more  ?  Ail  is,  that  we 
provide  for  Pofterity,  and  that  we  do  prevent  the  like 
Suffering  for  the  future.  Were  not  the  lame^Means 
provided  by  them  before  us  ?  Can  we  do  moj^e  ? 
We  are  come  to  the  Liberty  of  the  Subjects,  and 
Prerogative  of  the  King  ;  I  hope  we  (hall  not  add 
any  Thing  toourfelves,  to  deprel's  him.  I  will  not 
divine;  yet  I  think  we  (hail  findDifficulty  herein  with 
the  jibing,  nay  perhaps  with  the  Lords:  1  ihall  noit 
deliver  my  Opinion  as  Counfellor  to  his  Majeflvii 
which.  I  will  not  juftify  and  &y  here,  or  at  tlie 
C6^hpii-J3oard.  Will  we,  in  thisNeceflity,  ft  rive 
to  bring  ourfelvcs  into  a  better  Cotidition,  and 
grc^tter  Liberty,  than  our  Fathers  had,  and  the  x 
iA&j/ti  imo  4  worfe  than  ever  ?  I  dare  not  aJviie 
his  Majefty  to  admit  of  that.  If  this  thai  we  nou- 
defirtS  tp  be,  be  no  Innovation,  it  is  all  coniain'cl  iu 
thdfe  Aft?  and  Statatea;  and  whaitcKver  rife  we 


^6    The 'Parliamentary  HisTORr 
All,.-  4-  o-jrieti.will  add  morc,  is  aDiminuiion  to  ihe  King's  Power, 
>6i8-        and  an  Addition  to  our  own.     Wc  deal  with  aj 
wife  and  valiant  Prince,  that  hath  a  Sword  in  hilh 
Hand  for  our  Good  ;   and  thisGood  is  fupported  by 
Power.     Do  not  think  that,  by  Cafes  of  Law  atn  J 
Debate,  we  can  make  that  to  be  no  Law ;   which,  iai 
Experience,  we  every  Day  find  neceflary,  make*! 
what  Lsw  you  will.     Government  is  a  folidThing,*J 
and  mull  be  fupported  for  our  Good. 

'  (u)  Git-e  me  Leave  freely  to  telt  you,  that  ifl 
know  by  Experience,  that,  by  the  Place  I  hold  un-J 
tier  his  Majefty,  if  I  will  difcharge  the  Doty  of  my' 
Place,  and  the  Oath  I  have  taken  to  his  Majefty,  J 
muft  commit ;  and  neither  exprefs  iheCaufe  to  the'! 
Goaler,  nor  lo  ihe  Judges,  nor  to  any  Counfellgr 
in  England,  but  to  ihe  King  himlelf ;  yet  do  noE 
think  I  go  without  Ground  or  Reafon,  or  take  this 
Power  committed  to  me  to  be  unlimited  :  Yea,  to 
'     ■,  me,  it  h  rather  a  Charge,  Burden,  and  Danger  ; 

for  if  I,  by  ihis  Power,  (hal!  commit  the  poorcft 
Porier,  if  it  appear  I  do  it  not  upon  a  jull  Caufe, 
[he  Burden  will  fall  upon  me  heavier  than  the  Law 
can  infliift;  for  I  rtiall  lofc  my  Credit  wiih  his 
Majefty,  and  alfo  my  Place.  And  Lbefeech  you 
confider,  whether  thofe  that  have  been  in  the  fame 
Place  have  not  committed  freely;  and  not  mfrnM 
Doubt  made  of  it,  nor  any  Complaint  made  byT 
the  Subjedt.'  f 

lhb«.  th^MH.  Sir  Robert  Philips  faid,  '  If  the  Words  of  Kings 
■  ftrike  Impreifions  in  the  flearts  of  Suhjedts,  then  do 

tliefe  Woids,  upon  this  Occafion,  ftrike  an  Im pre f- 
fion  into  the  Hearts  of  us  all :  To  fpeak  in  a  plain 
Language,  we  are  now  come  to  Ihe  End  of  our 
Journey  ;  and  the  well  difpoiingof  an  Anfwer  to 
this  MeSage,  will  give  HappineS  or  Mifery  to  this 
Kingdom.  Let  us  fet  the  Common-Wealth  of 
UnglarJbtfOKXhe  Eyes  of  his  Majefty,  that  we  may 
jultify  Qurfelves,  that  we  hare  demeaned  oui&Ivev 

;  dutifully  to  his  Majefty,' 

I  The^ 

'  tte  Etimt'if  ParliamnWia.  •  * 


Of    E  N  G  L  A  N  D.      57  | 

The  Day  following  ihe  Commons  debated  fur-An-t-Chirfal. 
ther  upon  [his  Mailer,  ia  a  grand  Commiltec ;  Mr.       '***• 
Herlert  in  the  Chair. 

Some  faid,  '  The  Siibjcft  hasfuffcred  more,  in 
the  Violation  of  antient  Liberties,  within  thele  few 
Years,  than  in  300  Years  before ;  and  therefore 
Care  ought  to  be  taken  for  the  Time  to  come.' 

Sit  Edward  CohiiiA, '  T\\il\hnRiiyalfVord\i3A^ 
Reference  lo  fome  Meflage  formerly  fent ;  His  \ ' 
jefty's  Word  was,That  they  mayfecureihemfciva 
any  Way,  by  Bill,  or  olherwifc,  and  he  promifi 
to  give  Way  to  it :  And  to  the  end  that  this  migl 
not  touch  his  Majefty's  flonour,  it  was  propofed^, 
ibat  the  Bill  come  not  fiom  this  Houfe,  but  fi 
the  King:  ^e -will  and  grsnt,  far  VsandOurl 
tijjin^  that  We  and  Our  Suecejfors  will  dn  thui  cni\ 
tout:  And  it  is  to  the  King's  Honour,  that  he  c 
noi  rpealt  but  by  Record.' 

Others  deflred  the  Houfe  to  confider,  when  and 
where  the  late  Promife  was  made:   Was  it  not  in 
the  Face  of  both  Houfes?  Cruel  Kings  have  been, 
careful  to  perform  ihe;r  Promiles ;  yea,  iho'  t 
have  been  unlawful,  as  Herod:  Therefore,  if  \ 
reft  upon  his  Majefty's  Ptomifc,   we  may  afTuW 
ourfelves  of  the  Performance  of  it.    Befides, 
bind  his  Majefty  by  relying  on  his  Word.     ■* 
have  Laws  enough ;  it  is  ihe  Execution  of  ihenl 
that  is  our  l^ife  ;  anJ  it  is  the  King  that  gives  I 
and  Execution- 

Sir  Tf'smas  ffeatworih conchidei  ihe  Debate,  ( 
ing,  '  That  never  Houfe  of  Pailiament 
raoie  in  the  Goodnefs  of  their  King,  fo  far  as  re-  3 
garded  ihemfelves  only,  than  the  prelenti  but  w«d 
arc  ambitious  that  his  M.ijcfly's  Goodnefs  may  re-  li^ 
main  10  Pofterity,  and  we  are  accountable  to  a  pi4-,|| 
blic  Truft  :  And  therefore,  feeing  there  hath  beelij 
a  public  Violation  of  the  Laws  by  his  Minilteis,  | 
nothing  can  fatlsfy  them  but  a  public  Amends.  J 
And  our  Defire  to  vindicate  the  Subjedti  Right  bySj 
Bill,  are  no  more  than  are  liid  duwn  in  fc-rmer'J 
Laws,  whh  fumemodelt  Provifion  for  InftrLiitioDiJ 
Pcrfotmancp,  and  Execution. '  vl 

Vol.  Vm.  G  Tbja 


^8    7he  Tarliamentaryllisro9iY 

•An.  4  Charles  I.     This  Mopon  fo  Well  agreed  with  the  Senfe  of  the 

1628.       Houfe,  that  they  made  it  the  Subjedl  of  a  Reprefen- 

tation  to  be  delivered  by  the  Speaker  to  his  Majefty. 

Amidit  thefe  Deliberations^  another  MeiTage  was 
delivered  from  his  Majefty  by  Mr.  Secretary  Cooi, 
as  follows : 


Another  MeiTage 
from  the  King. 


Mr.  Speaker^ 

HOwfoever  we  proceed  in  this  Bufinefs  we 
have  in  Hand,  which  his  Majefty  will  not 
doubt  but  to  be  according  to  our  conftant  Profef- 
fion,  and  lo  as  he^  may  have  Caufe  to  give  us 
Thanks;  yet  his  Refolution  is,  tha^.  both  his 
Royal  Care,  and  hearty  and  lender  Affection  to- 
wards us  his  loving  Subjedls,  Ihall  appear  to  the 
whole  Kingdom,  and  all  the  World,  that  he  will . 
govern  us  according  to  the  Laws  and  Cuftoms  of 
this  Realm  ;  that  he  will  maintain  us  in  the  Li- 
berries  of  our  Perfons,  and  Properties  of  our, 
Goods,  fo  as  we  may  enjoy  as  much  Happinefs 
as  our  Forefathers  in  their  beft  Times ;  and  that 
he  will  reftify  what  hath  been,  or  may  be  found 
amifs  among  us,  fo  that  hereafter  there  may  be 
no  juft  Caufe  to  complain ;  Wherein,  as  his 
Majefty  will  rank  himfelf  amongft  the  beft  of 
Kings,  and  {hew  he  hath  no  Intention  to  in- 
vade or  impeach  our  lawful  Liberties  or  juft 
Rights,  fo  he  will  have  us  to  match  ourfelves 
with  the  belt  of  Subjeds ;  not  by  incroaching  up- 
on that  Sovtreignty  or  Prerogative,  which  God 
hath  put  into  his  Hands  for  our  Good ;  but  by 
containing  ourfelves  within  the  Bounds  and  Laws 
of  our  Forefathers,  without  ftraining  them,  or 
enlarging  them  by  new  Explanations,  or  Addi- 
tions in  any  Sort ;  which,  he  telleth  us,  he  will 
not  give  Way  unto. 

*  That  the  Weight  of  the  Affairs  of  the  King- 
dom, and  of  CkrijierJom,  do  prefs  him  more 
and  more;  and  that  the  1  ime  is  now  grown  to 
that  Point  of  Maturity,  that  it  cannot  endure 
long  Debate  or  Delay,  fo  as  this  Scffion  of  Par- 
liament 


0/    E  NG  L  A  N  D.      ^9       \^y^i\ 

*  liament  muft  continue  no  longer  than  Tue/dajAjiA-^^ltifpi}. 

*  come  Seven-night  at  ihe  furtheft;    in  which       '^^^     *    I 
'  Time  his  Majefty,  for  his  Part,  will  be  ready  to  V.>^  ^ 

*  perform  what  he  hath  promifed  ;  and  if  the  ^^li^ 

*  Houfe  be  not  as  ready  to  do  what  is  fit  for  thcm- 

*  felves,  it  fliall  be  their  own  Faults. 

*  Laftly,  upon  Affurance  of  our  good  Difpatch 

*  and  Correfpondence,  his  Maiefty  declareth.  That 

*  his  Royal  Intention  is  to  have  another  Seflion  of 

*  Parliament  at  Michaelmas  next,  for  the  pcrfcdl-' 

*  ing  of  fuch  Things  as  cannot  now  be  done. 

This  Meffage  was  debated  the  next  Day,  being ^^^«  thcrcom 
Saturday,  May  3.  whereupon  Sir  John  Elliot  fpakc 
tothisEffed: 

•  The  King  faith,  He  will  rank  himfelf  with  the- 
bed  of  Kings ;  and  therefore  he  would  have  us  to 
rank  ourfelves  with  the  belt  of  Subjefls ;  and  that 
we  muft  not  incroach  upon  that  Sovereignty  that 
God  hath  put  into  his  Hands :  This  makes  me  fear 
his  Majefty  is  mifinformed  in  what  we  go  about ; 
let  us  make  fome  Enlargement,  and  put  it  before 
him,  that  we  will  not. make -any  Thing  new  :  As 
for  the  Time  of  this  Seffion,  it  is  but  (hort ;  and 
look,  how  many  Meflages  we  have  ;  and  fo  many 
Interruptions,  Mifreports,  and  Mifreprefentations 
to  his  Maiefty  produce  ihefe  Meflages.' 

Sir  Miles  Fleetwood  continued  the  Debate,  and 
faid,  *  That  this  Bufmefs  is  of  great  Importance, 
and  we  are  to  accommodate  it.  The  Breach  of 
this  Parliament  will  be  the  greateft  Mifery  that  ever 
befell  us :  The  Eyes  of  Chrt/iendom  are  upon  this 
Parliament',  the  State  of  all  our  Proteftant  Friends 
are  ready  to  be  fwal lowed  up  by  the  Emperor's 
Forces,  and  our  own  Kingdom  is  in  a  miferable 
Strait,  for  the  Defence  of  our  Religion  that  is  in- 
vaded by  the  Romifh  Catholics,  by  the  Colour  of 
a  Commiffion,  which  is  intolerable ;  the  Defence 
of  our  Realm  by  Shipping  is  decayed ;  the  King's 
Revenue  is  fold  and  gone  ;  where  fhall  the  Relief 
be  obtained  but  in  Parliament  ?  Now  we  are  in  tha 

G  *  Way,. 


loo    TieTarliamaitarylliiroKV 

fi.4.Ch«rlMj,Way,  let  us  proceed  by  way  of  Bill,  hi  purfuance 
i6it.  of  ihe  King's  MeiTage,  to  eiiablifti  rhe  fundamen- 
tal Laws  ol  Property  in  our  Goods,  and  Liberty 
of  our  Petfons.  It  wasdeclared  to  us,  thaiCourfes 
by  Loan  and  Imprifonmcnt  were  not  lawful ;  let 
us  touch  them  in  our  Biil,  and  rhat  all  Precedents 
and  Judgments  feeming  to  the  contrary,  be  made 

_  voidj  thatallCommitment&againn  theLaw  bere- 

I  medied,  and  that  we  be  protected  againft  the  Fear 

Y  of  Commiiments.' 

In  conclufion,  the  Commons  agreed  loan  Ati- 
fwer  10  all  the  preceding  Mellages,  to  be  prefcntcd 
to  the  King,  by  the  Mou:h  of  their  Speaker, 

7fv  Steakzr's  Spe£CH  la  tie  King,  the  5/A  of 
May,  in  Anjiuer  to  ftveral  Messages  (x), 

Mijl  Grackus  and  Dread  Ssvirtign, 
heCfimmons    *  "irQur  loyal  and  Obedient  Subjedls,  the  Com - 
"nB'V&vciJ    '     A     """"^  ""^  aflembled  in  Parliament,  by* 
'ffTjEM.  '  fevcral  MeHageafrom  yourMaje!ly,andelpecially 

*  by  ihai  your  Royal  Declaration,  dehvered  by 
'  the  Lord  Keeper  before  both  Houfes,  have,  to 
'  their  exceedinii:  Joy  and  Comfort,  received  ttiany 
'  ample  Exprellions  of  your  princely  Care  and 
'  tender  Aifeflion'' towards  them  i  with  a  gracious 

*  Promilc  and  /^llurance,  that  your  Majefty  will 
'  govern  accuidiiig  to  ihe  Laws  and  btatntes  of 

*  this  Realm  i  and  fo  niainiaiiiall  yourSubjefls  in 
'  the  juft  Freedom  of  iheir  Petfons,  and  Safety  of 

*  their  Eftatcs,  that  all  their  Rights  and  Liberties 
'  may  be  by  ihem  enjoyed  with  as  much  Freedom 

*  and  Security  in  y[,ur  Time,  as  in  any  Age  here- 
I  '  tofore  by  their  Ancellors,  under  ihe  belt  of  your 
■  '  Progenitors;  For  tliis  fo  great  a  Favour,  enlarged 
I              '  by  a  comfortable  Intimation  of  your  Majefty's 

*  Confidence  in  ihe  ProLtedings  of  ihis  Houfc,  they 
'  do,  by  me  iheir  Speaker,  mal:e  a  full  Return  of 
'  moll  heaity  Thanks  lo  your  Majefty,  with  all 


m 


(*)  From  RuJlKerth,  corrtfltd  iij  xla  SUMfciifu, 


Of    ENGLAND.      loi 

*  dutiful  Acknowledgment  of    your  Grace   andi( 

*  GoodneS  herein. 

'  And  whereas  in  one  of  Ihefe  Meflages  delivered 
'  from  your  Majefty,  ihere  was  an  Expreflion  of 

■  your  Defire  lo  know,  Whciher  (his  Houfe  would 

*  reft  upon  your  Royal  Word  and  Promife ;  af- 

*  Turing  them,  that  if  they  would,  it  (hoold  be 

*  royally  and  really  performed  :    As  they  aeain 

■  prefent  their  humble  Thanks  for  ihe  feconding 

*  and  ftrengthening  of  your  former  Royal  Exprel- 

*  lions;  lb,  in  all   Humblenefi,  ihey  alTure  your 

*  MajeKy,  that  their  greateft  Confidence  is,  and 

*  evermullbein  yourGrareand  Goodnefti  with- 
'  out  which,  ihey  well  know,  nothing  that  they 

*  can  frame  or  defire  will  be  of  Safety  or  Avail 

*  to  them;  therefore  they  are  all  humble  Suitors 

*  to  your  Majefty,  that  your  Royal  Heart  will  gra- 
'  ciouJiy  accept  and  believe  [he  Truth  of  theirs ; 
'  which  they  humbly  prefent,  as  full  of  Truft  and 

*  Confidence  in  your  Royal  Word  and  Promife,  as 
'  ever  Houfe  of  Commons  repofcd  in  any  of  their 

*  beft  Kings. 

*  True  it  is,  they  cannot  but  remember  the  pii- 

*  blic  Tiuft,  for  which  they  are  accountable  to 

■  prefent  and  future  Times ;  and  their  Delires  ate, 

*  That  your  Majefty's  Goodnefs  might,  in  futuic 

*  Memory,  be  the  Bleffingand  Joy  of  Pofteriiy. 

'  But  finding  alfo,  that  of  late  there  hsih  been 

*  public  Violation  of   Ihe  Laws  and  the  Suhjiits 

*  Liberties,  by  fomeof  your  Majefty's  Miniftirsj 

*  they  thereupon  conceive,  that  no  (efs  than  a  pu- 

*  biic  Remedy  witi  raife  thedejetled  Heansofyour 

*  loving  Subjeds  to  a  chearful  Supply  of  your  Ma- 
.  •  'jefty,  or  make  ihem  receive  Content  in  the  Pro- 

*  ceedings  of  this  Houfe. 

*  From  ihefe  Confiderations,  they  moft  humbly^/ 

*  beg  your  Majefty's  Leave  to  lay  hold  of  thw  gra-F 

*  cious  Offer  of  yours,  which  gave  them  Aflurance' 

*  that  if  they  ihouuht  fit  to  fccure  ihemfelves  in*  ' 

*  their  Rights  and  Liberties,  by  way  of  Bill,  or 

*  otherwife,  fo  it  might  be  provided  for  with  due 
'  Refpeft  to  your  Honour,  and  the  Public  Good, 

G  3  '  you 


102   The  Parliamentary  History 

^tl-*  you  would  be  gracioufly  pleafed  to  ^ve  Way 

'  untoic.  Far  from  their  Intenlions  13  it,  any  Way, 

'  to  incroach  upon  your  Sovereignty  or  Preroga- 

*  live;  nor  have  they  the  leaft  Thought  of  ftrain- 
'  ing  or  enlarging  the  former  Laws  in  any  Sorr, 
'  by  any  new  Interpretaiions  or  Additions  i   the 

*  Bounds  of  iheir  Defires  extend  no  further,  than 
'  to  fome  necellary  Explanation  of  that  which  is 
'  truly  comprehended  within  the  juft  Senfe  and 
'  Meaningof  thofeLaws,  with fome  moderate  Pro- 
'  vifion  for  Execution  and  Performance,  as  in 
'  Timespaft,  upon  lilce  Occafion,.  haih  been  ufed. 

'  The  Way  how  to  accomplifh  thefe  their  juft 
'  Defires,  is  now  under  fcrious  Confideraiion  with 
'  ihcm  ;  wherein  they  humbly  aflure  your  Maje- 
'  fty,  ihey  will  neither  iofe  Time,  nor  feck  any 
'  Thing  of  your  Majefty,  but  what  they  hope 
'   may  be  fit  for  dutiful  and  loyal  Subjefts  to  a^kj 

*  and  for  a  gracious  and  juft  King  to  grant' 

His  Majesty';  Answer  :j;  delherid  hj  the 
Lord- Keeper. 

Mr.  Speaicr,  did  you  Gentlemen  of  the  Hou/s  of 
Commons, 
'  TTIS  Majefty  hath  commanded  me  to  tell 
'  _J7X  you.  Shat  heexpefted  an  Anfwerby  your 
'  Actions,  and  not  Delay  by  your  Difcourfe.  Ye 
'  acknowledge  his  Truft  and  Confidence  in  your 
'  Proceedings;  buthisMajefty  feesnothow  youdo 
'  requiie  him  by  your  Confidence  in  his  Words 

*  and  Aflions:  For  what  need  Explanations,  if  yc 
'  doubled  not  the  Performance  of  the  true  Mean- 
'  ing?  For  Explanations  will  hazard  an  Incroach- 
'  ment  upon  his  Prerogative.  And  it  may  well 
'  be  faid,  What  need  a  new  Law  to  confirm  an 
'  old,  if  you  repofe  Confidence  in  the  Declara- 
'  tion  his  Majelly  made  by  me  to  both  Houfes? 

*  And  yourfelves  acknowledge,  that  your  greateft 
'  Truth  and  Cunfidcnce  mult  be  in  his  Mijelly's 
'  Graceand  Goodnefa,  without  which  nothing  ye 
'  canTrame  will  be  of  Safety  or  Avail  to  you; 

'Vet, 


0/    E  N  G  L  A  N  D.      103 

Yet,  to  fhew  clearly  the  Sincerity  of  his  Maje-  An.  4  Chwies  i. 
fty's  Intentions,  he  is  content  that  a  Bill  be  drawn  '^**' 
for  a  Confirmation  of  Magna  Charta^  and  the 
other  fix  Statutes  infilled  upon,  for  the  Subje£ts 
Liberties,  if  ye  fhall  chufe  ;hat  as  the  beft  Way  j 
but  fo  as  it  may  be  without  Additions,  Paraphra- 
fes,  or  Explanations. 

•  Thus,  if  you  pleafe>  you  may  be  fecured  from 
your  needlefs  Fears,  and  this  Parliament  may 
liave  the  happy  wifhed-for  End :  Whereas,  on  the 
contrary,  if  ye  feek  to  tye  your  King  by  new, 
and  indeed  impoilible.  Bonds,  you  muft  be  ac- 
countable to  God  and  the  Country  for  the  ill 
Succefe  of  this  Meeting.  His  Majefty  hath  gi- 
ven his  Royal  Word,  that  ye  fhall  have  no  Caufe 
to  complain  hereafter:  Lels  than  which  hath 
been  enough  to  reconcile  great  Princes,  and  there- 
fore ought  much  more  to  prevail  between  a  King 
and  his  Subjefts. 

'  Laftly,  1  am  commanded  to  tell  you  that  his 
Majefty's  Pleafure  is.  That,  without  further  Re- 
plies or  Meflages,  or  other  unnecellary  Delays, 
ye  do  what  ye  mean  to  do  fpeedily ;  remembering 
the  laft  Meflage  that  Secretary  Cook  brought  you, 
in  point  of  Time  ;  his  Majefty  always  intending 
to  perform  his  Promife  to  his  People.* 

Notwithftanding  this  Intimation  of  his  Majefty's,^. 
good  Pleafure/oraBill,yct,thevery  next  Day,  Mr.  '^'^^""'*- 
Secretary  Cook  again  prefled  the  Houfe  to  rely  upon 
the  King's  Word,  faying,  *  That  he  had  rather  fol- 
low others  than  himfelf  begin  this  Bufinefs :  Lofs  of 
Time  hath  been  the  greateft  Complaint :  The 
Matter  fallen  now  into  Confideration,  is  what  Way 
to  take,  whether  to  rely  on  his  Majefty 's  Word, 
or  on  a  Bill.  If  we  will  confider  the  Advantage 
we  have  in  taking  his  Majefty's  Word,  it  will  be 
of  the  largeft  Extent,  and  we  (hall  chufe  that  which 
bath  moft  Aflurance ;  an  A61  of  Parliament  is  by 
the  Confent  of  the  King  and  Parliament,  but  this 
'  Aflarance,  by  Word,  is,  that  he  Will  govern  us  by 

tli 


f  104  The  TarUatnetitary  Hi&rov^t 

iU.4.ChwlMi  the  Laws ;  The  King  promifes  that,  and  alfo  that 

i6fS.        they  fliail  be  fo  executed,  that  we  fhall  enjoy  ai 

much  Freedom  as  ever :  This  contains  many  Laws, 

and  a  Granr  of  all  goofl  Laws ;  nay,  it  contains  a 

^^^_  Confirmation  of  ihofc  very  Laws  i  an  AHlirance, 

^^^H  which  binds  th^King  further  than  theLaw  can :  Firft, 

^^^1  it  binds  his  Affeflion,  which  is  the  greatell  Bond  be- 

^^^H  tween  King  and  Sittjcft ;  and  that  binds  his  Judg- 

^^^1  inent  alfo,  nay,  his  Honour,  and  that  not  at  home 

^^^P  only,  but  abroad.   The  Royal  Word  of  a  King  is  the 

^^H^  Grotitid  of  all  Treaty  ;  nay,  it  binds  his  Confci- 

I  ence.     This  Confirmation  between  both  Houfes  i) 

,  in  Nature  of  a  Vow  ;    For  my  Part,  I  think  it  is 

the   greatell  Advantage   to  rely  on  his  Majefty'a 

•  Word,'      He  further  added,   '  Thb  Debate  was 

fitter  to  be  done  before  the  Houfe,  and  not  before 

the  Committee ;  and  that  it  was  a  new  Courfe  to 

go  into  a  Committee  of  the  whole  Houfe/ 

Whereutito  it  was  replied  by  Sir  John  EUiat, 
'  That  the  proceeding  in  a  Committee  is  more  ho- 
nourable and  advantageous  both  to  the  King  and  the 
J^  ■■  Houfe  i  for  that  Way  leads  moil  to  Truth,  as  U 

■■■  is  a  more  open  Way,  where  every  Man  may  add 

^^^1  his  ReafoT^s,  and  make  Anfwer  upon  the  hearing 

B    •  of  other  Men's  Reafons  and  Arguments.' 

This  being  the  general  Senfe,  the  Houfe  was 
turned  into  a  Committee,  to  take  into  Conlidera- 
tion  what  was  delivered  to  the  King  by  the  Speaker, 
and  what  was  delivered  to  them  by  the  Lord  Keeper, 
and  all  other  Meflages ;  and  the  Committee  waj 
not  10  be  bounded  by  any  former  Order.  The 
Key  was  brought  up,  and  none  were  to  go  out 
without  Leave  firft  afl«d. 

In  the  Debate  of  this  Bufinefs  at  the  Committe*, 
ftime  were  for  letting  the  Bill  teft;  but  Sir  Ed. 
wmd  Coie's  Reafons  prevailed  to  the  coiiirary.  1 
'  Was  it  ever  known,  faid  he,  thai  general  Wordi  ' 
were  'a  fuffkieni  Saiisfadion  to  particular  Grievan-i ' 
ces  ?  Was  ever  a  verbal  Declaration  of  the  King,. 
Ftrbuti  Rt^h  ?  When  Grievances  be,  tlie  Parlia- 
ment 


<y   E  N  G  L  A  N  D.      loj  ^ 

mentis  to  redrefs  ihem.  Did  ever  Parliamenl  tdy  An.«  a»tlut- 
on  Meflages  ?  They  put  up  Petitions  of  their  Grie-  ***'■ 
varices,  and  the  King  ever  anfwcred  them.  The 
King's  Anfwer  is  very  gracious  j  but  what  is  the 
Law  of  the  Realm,  that  is  the  Queftion.  I  pui  no 
Difiidence  in  his  Majefly  ;  but  the  King  mufl  fpeak 
by  Record,  and  in  Particulars;  and  not  in  genera). 
Did  you  ever  know  the  King's  Mcffage  come  into 
a  Billof  Subfidies?  All  fucceeding  Kings  will  fay, 
Ye  mull  truft  me  as  well  as  ye  did  my  Predeceflbrs, 
and  truft  my  Meflages ;  but  Meflages  of  Love  ne- 
ver came  into  a  Parliament.  Let  us  put  up  a  Pe- 
tition of  Right :  Not  that  I  diftruft  the  King ;  but 
that  I  cannot  take  his  Ttuft  but  in  a  Parliameii' 
tary  Way.' 

The  Lords  had  been,  for  fome  Time,  taken  up 
with  reading  Bills,  and  other  Aflairs  of  lels  Moment, 
till  this  Day,  (A/ijy  6.)  when  the  Earl  Afarylifl/made 
a  Report  from  their  Committee  of  Privileges,  i^e. 
concerning  four  Things  which  had  been  referred  by 
the  Houfe  to  their  Confideration.  Which  were 
ihefe. 

L  WhctheraPeerofParliamcntistoanfwerup-p,,p„jj-   J  ^ 
en  Oath,  or  upon  his  Honour  only  {y )  f  the  Lort.  on 

li.  Whether  a  Peer,  having  done  his  HomageM«t«nrf  pii- 
once  to  the  King  at  his  Coronation,  may  becom-^^^^'' 
pelled  to  pay,  in  refpefl  of  Homage,  for  Lands 
held  of  the  King  in  Capite? 

III.  Whether  the  Goods  of  a  privileged  Perfon, 
taken  in  Execution,  {"during  the  Privilege  of  Par- 
liament,) ought  not  to  be  delivered  to  the  P.iriy  by 
the  faid  Privilege;? 

IV.  To  confider  of  a  Bill  for  the  Releafement 
of  fuch  privileged  Perfons,  as  fhould  be  arretted  after 
tbe'Parliametit  ended,  but  during  the  Privilege 
thereof. 

His  Lordfliip  further  reported.  That  theGom- 

mittee  finding  the  fitft  of  ihefe  References  lo  be 

general,  they  confidered  only  of  the  Anfwers  of 

Peers 


io6    TheTarliamentaryHisroKY 

Aa.4-  cti.t!«  (,  Prtrs  as  Defendants  in  Courts,     And  that  they  bad 

i6i8,       perufed  all  the  Precedents,  which  were,  either  for 

their  Anfwers  in  this  Kind,   upon  Proteftation  of 

(Honour  only,  or  ufion  common  Oath;  and,  after 
mature  Conlideration,  they  all  agreed,  wja  rsie. 
That  the  Nobility  of  this  Kingdom,  and  Lords  of 
the  Upper  Houfe  of  Parliament,  were,  by  antient 
Right,  to  anfwer  in  all  Courts,  as  Defendants,  up- 
on Proteftation  of  Honour  only,  and  not  upon 
common  Oath. 

As  touching  the  fecond,  in  refpefl  of  Homage, 
the  Attorney -General  defired  to  have  Time  to  con- 
li,ler  thereof,  and  they  agreed  that  he  Ihould  be 

.  heard  in  the  Houie  as  foon  as  he  was  ready. 

To  the  third,  they  had  all  agreed,  That  the 
Goods  ofa  privileged  Perfon,  taken  in  Execution, 
ought  to  be  redelivered,  and  freed,  as  well  as  ihe  Per- 
fon. 

Concerning  the  Bill  for  fetting  at  Liberty  fuch 
prlyileged  Perfons,  as  Ihould  be  arreted  after  the 
Parliament  ended,  and  during  the  Privilege  thereof, 
they  had  heard  it  read,  and  appointed  Mr.  Attorney 
to  draw  a  new  Bdl. 

This  Report  being  ended,  the  Houfe  went  into 
a  Committee  for  a  free  Debate  upon  the  firfl  Quet- 
tion.  And,  after  many  Argumenis,  they  came  at 
laftto  a  general  Agreement;  That  the  Nobilitf  of 
this  Kingdom,  as  L^rds  sf  the  Upper  Hsufe  of  Par-  ' 
liament,  a>e,  of  antient  Right,  ts  anfivir  in  all 
Courts  as  Defendants,  upon  Proteftation  of  Honour 
only,  and  net  tipen  the  common  Oath. 

Two  Days  after  this  Order,  the  Attorney-Ge- 
neral delivered  in  his  Opinion  to  the  Houfe  con- 
cerning Homage;  '  That  he  had  advifed  with  the 
Bitons  of  the  Exchequer  therein,  and  had  perufed 
Records,  and  finds  that  Homage  once  done,  for 
Lands  held  of  the  King,  the  Party  is  to  do  it  no 
more.  But,  as  touching  Homage  done  at  ibeCo- 
rouaiion,  he  found  no  Allowance,  for  ihefe  300 
Years  paft,  for  Difcharge  of  Homage  afterwards. 
He  found  alfo,  That  Homage  once  done,  was  to 
bs 


0/    E  N  G  L  A  N  D.      107 

be  certified  out  of  Chancery  into  the  Exchequer ;  An.  4.  charlci  L 

and  he  found  no  Certificate  of  any  Coronation       *^**' 

Homage :  That  he  fent  to  the  Heralds  for  a  Copy 

of  the  faid  Homage,  wherein  he  noted,  That  there 

were  no  Words  for  any  Land  held  of  the  King,  as 

required  by  Law/     This  Opinion  was  referred 

back  to  the  Committee  of  Privileges ;  and  the  Arch- 

biihop  of  Canterbury  acquainting  the  Houfe,  That 

he  had  a  true  Copy  of  the  Homage  done  by  the 

Lords  at  the  Coronation,  he  was  defired  to  fhcw 

it  the  next  Day. But  to  get  done  with  this  ^ 

Affair,  to  come  to  Matters  of  much  greater  Mo- 
ment.  The  next  Day  the  Archbifhop  produced 

his  Copy  of  Homage  made  by  the  Peers,  which, 
for  the  Archbifhops  and  Bifliops  kneeling,  was  in 
thefe  Words. 

/,  A,  will  be  faithfulj  and  bear  true  Faith  and 
Troth  unto  you^  my  Sovereign  Lordy  and  to  your 
Heirs  ^  Kings  ^England;  and  IJball  do^  and  truly 
acknowledge  the  Service  of  the,  Lands  which  I  claim 
to  hold  ofyou^  as  in  Right  of  the  Churchy  as  God 
Jballhelp  me.    Then  killed,  the  King's  left  Cheek. 

For  die  Lay-  Lords,  thus :  /,  N,  become  yourLiege^ 
man  ofLiJe  and  Limb,  and  of  til  earthly  Worjhip ; 
and  Faith  and  Troth  I  Jhall  bear  unto  you,  to  live  and 
die  againji  all  Manner  of  Folks.  So  God  help  me.  This- 
Homage  being  ended,  they  put  forth  their  Hands  and 
touch  the  Crown  by  way  of  Ceremony,  as  promi-  ' 
fing  to  fupport  it  with  all  their  Power. 

After  this,  the  Queftion  about  Refpeft  of  Ho- 
mage was  again  referred  to  the  Committee  for  Pri- 
vileges, l^c.  ' 

About  this  Time  alfo,  the  Commons  having, 
under  their  Confideration,  a  Point  of  Privilege, 
Sir  Thomas  Wentworth  fpoke  as  follows  {%). 

Mr.  Speaker y 

TOO  many  Inftigations  importune  the  Sequel 
of  my  Words.  //>/?,  The  Equity  of  your 
Proceedings.     Seccndfy,  The  Honefty  of  my  Re- 
quell. 

(«)  From  a  Patnphlet  printed  io  this  Seilloo^  in  the  Collection 
Ctf  Sir  Jvtn  Goo^n'tkt  bef9rementione4* 


1 08    The  Parliamentary  Hi s to r t 

AiTVctnitleil.queft.     For  1  behold  in  all  your  Intendments,  a 
i6i8.       Singularity  grounded  upon  Dilcretion  and  Good- 
nefs:    And  your  Confultations  fleered  as  well  by 

I  Charity,  as  Extremity  of  Jullice. 

'  This  Order  and  Method,  I  fay,  of  your  Pro- 
ceedings, together  wi[h  the  Opportunity  offered, 
'  oftheSubjeit  in  Hand,  have  emboldened  me  to 
Ibllicit  an  Extention  of  the  late  granted  Prote^ions 
in  general.  'I'be  Lawfulnefs  and  Hcnefty  of  the 
Propofitions  depends  upon  ihefe  two  Particulars. 
*  I.  The  prefent  Troubles  of  the  Parties  pro- 
tefled,  have  run  them  into  a  further,  and  almoft 
irrecoverable  Hazard  ;  by  prefuming  upon,  and 
feeding  iheinfelves  with,  the  Hopes  of  along  con- 
tinuing Parliament. 
'  II.  Thefecond  will  have  thisj  That  which 
is  prejudicial  to  mod,  ouKht  to  minifler  Matter  of 
Advantage  to  the  reft;  lince  then  our  Interpella- 
tions and  Dilturbances  amongft  ourfelves  are  dif- 
pieafing  almoft  to  all ;  if  any  Benefit  may  be  col- 
lefled,  let  it  fall  upon  thofe  Parties  aforefaid;  for 
I  think  the  Breach  of  our  Seffion  can  befriend  none- 
butfuch;  nor  fuch  neither,  but  by  Means  of  the 
Grant  before  hand.  And  faccaufe  it  is  probable, 
that  his  Majefty  may  caufe  a  Re-meeting  this  next 
Muhailmai ;  let  thither  alfo  reach  their  prefcribcd 
Time  for  Liberty:  And  that,  till  then,  let  their 
Proleflions  remain  in  as  full  Virtue  and  Authority, 
as  if  the  Parliament  were  actually  fitting.' 

May  8.  The  Lords  received  a  Meflage  from 
'=  the  Commons,  importing,  That  ihey  defired  a 
further  Conference  with  their  Lordfhips  in  Purfu- 
ance  of  former  Conferences  had  of  late.  It  feems 
the  Commons  had  now  finifhed  ihe'\r  Peritien  a/ 
Rights  and  a  Claufe,  relating  to  Marliai  Law,  was 
added  to  it.  The  Lords  agreed  to  the  Propofal ; 
and  a  Conference,  by  Committees  of  both  Houfes, 
was  held  in  the  Painted  Chamber  at  two  that  Af- 
ternoon. 

The  Report  of  ibis  Conference  was  made  the  next 

D.iy,  by  the  Luid  Keeper,  who  fjid,  '  That  Sir 

Edward 


O/,  E  N  G  L  A  N  D.      109         ^ 

Edward  Caity  after  making  an  Excufe  for  his  long  ab,  4  Cbirln  1 

S[ay,  exprelled  the  great  Joy  of  the  Commons  for        '***■ 

ibc  good  Concurrence  between  the  Lords  and  them 

in  this  Bufinefs.     That,  at  the  firft  Conference, 

the  Commons  Ihewed  unto  their  Lordfliips  what 

Evidences  they  had  of  their  Liberties.   Since  which 

Time,  Ihey  received  five  Propofitions,  penned,  by 

a  grave  and  reverend  Prelate,  from  their  Ltirdfliipst 

and  it  is  fit  they  (hould  give  them  a  Reafon,  why 

they  have  heard  no  foouer  from  them  concerning 

the  fame.     And  faid.  That  after  fome  Debate  a- 

mong  themfelves,  concerning  ihofe  Propofitions, 

ihey  received  from  his  Majelly  five  gracious  Mef- 

fages. 

'  I,  That  he  would  maintain  all  his  Subjefls  in 
iheir  juft  Liberties  of  iheir  Perfons  and  Goods. 

'  II.  That  he  would  govern  according  to  the 
Laws  and  Statutes  of  this  Kingdom, 

'  Id.  That  we  (hoiild  find  as  much  Security  in 
his  MajeKy's  Word  as  in  any  Law  or  Statute  whai- 
foever. 

'  IV,  That  we  fiiould  enjoy  all  our  Freedoms, 
in  as  juft  and  ample  Manner,  as  our  Anceilors  aid 
in  the  Time  of  any  of  his  beft  Predeceflbrs. 

'V.  That  for  the  fecuring  of  this,  ihcHoufeof 
Commons  might,  if  they  thought  fit,  proceed  by 
Bill  or  otherwife. 

'  Then  he  faid,  That  thefe  MelTages  of  the 
King's  being  categorical,  and  their  Lordfliips  Pro- 
pofitions but  hypothetical,  the  Commons  had  laid 
the  latter  afide;  ^la  in  PoU'ilia  tnajerit  cejat  Pe- 
ttflai  tnmris ;  &  ha  funt  Caufa,  faid  the  Knight, 
why  their  Lordfhips  heard  from  the  Commons  no 
fooner  about  iheir  Propofitions. 

'  He  next  faid.  That,  according  Co  the  King's 
Mellage,  the  Commons  had  thought  ^ood  to  pro- 
ceed in  a  parliamentary  Way  j  Piriiukjitm  tnim. 
e/i,  probarum  yirarum  Extmpk  noH  imnprobare  ; 
and,  if  theit  Lordfhips  would  pleafe  to  concur  here- 
in, iliey  doubt  not  but  the  Succefs  will  be  happy. 
That  they  had  diawn  up  a  Pilimn  of  Right,  ac- 
cording to  antient  Precedents,  and  left  Space  for 
the 


The  'Parliameittary  History 

ihc  Lords  to  join  therein  with  ihcm.  And  he  af- 
firmed, Thai  ihis  Manner  of  Proceeding,  by  Peti- 
tion, was  ihc  anient  Way,  until  the  unhappy 
Divifions  between  the  Houles  of  lorkdSidLanceflti.' 
After  this  Report  was  ended,  the  faid  Petition 
was  twice  read,  and  afterwards  referred  to  a  felei't 
Committee  of  Lords,  vho  were  lo  meet  (hat  Af- 
ternoon, and  inform  Ihemfelves  of  Precedents  of 
this  Kind. 

The  next  Day  the  Loni- Keeper  reported.  That 
the  Committee  had  confidcred  of  the  Change  of 
fome  Word",  in  the  Petition,  without  Alteration 
of  the  SublUnce  thereof.  Then  the  laid  Changes 
were  read,  which  are  not  neceU'ary  here  to  infcrt, 
fince  they  will  fall  apter,  when  they  come  to  be 
debated,  between  the  two  Houfes,  afterwards. 

May  the  nih,  the  Duke  of  Buikingkam  deli- 
vered a  Letter  from  the  King,  lealcd  with  the 
Royal  Signet,  which  was  read  firft  by  the  Lord- 

■  Keeper,  and  then  by  theClcik,  as  follows. 

To  our  Right  Trudy  and  Right  Weil-beloved,  the 
Lords  Spiritual  and  Temporal  of  the 
Higher  Houfe  of  Parliam£Nt  (a). 

CHARLES  R. 

The  King's  Lm-  T^^-.  being  dejirotis  tf  nothing  more  than  the  Ad~ 
'"  X  '''■;'  h^^'  vancement  of  the  Cood  and  Profperity  of  our 

OH  ih»t  u  J  .  p^gpi^_^  f^^jjg  gj^g„  Leave  to  free  Debate  t^on  the 
highejt  Point!  of  oar  Prerogative  Royal;  which,  in 
the  Time  of  our  Predesefjan^  K/ngs  and  ^eens  of 
this  Realm,  were  ever  reftrained  at  Matters  that  they 
would  not  have  dijfiuted  -,  end  in  other  Things  we 
have  teen  willing /o  far  la  defcend  to  the  Defuei  ef 
cur  good  SuhjeHi,  as  might  fully  fitisfy  all  moderatt 
MindSy  and  free  them  from  alljuji  Fears  andfea- 
lo'fiei;  which,  thofe  Meffbges,  we  have  hitherto  Jent 
to  tl:-e  Commons  Houfe,  will  well  demonfiratt  unts 
the  lyorld:  Tet  we  find  it  fill  inffied  upn^  thai, 
iie 

(i)  Fiom  Ru/hwii-rh  concifed  bjr  the  LtrJi  ysurr^i. 


I 


0/    E  N  G  L  A  N  D.      in 

in  no  Cafe  whatfoever^  Jhould  it  ever  fi  nearly  concern  An.  ^.  Charles  I. 

Matters  of  State  or  Government^  neither  we^  nor  our        ifo«. 

Privy-Councils,   have  Power  to  commit   any  Man 

without  the  Caufefhewed ;  whereas  it  often  happens^ 

that^  fhould  the  Caufe  be  fheweiy  the  Service  itfelf 

would  thereby  be  defrayed  and  defeated  \  and  the  Caufe 

alledged  niujl  be  fuch  as  may  be  determined  by  our 

Judges  of  our  Courts  of  Weftminfter,   in  a  legal 

dnd  ordinary  Way  of  Juft'tce  ;   whereas  the  Caufes 

may  be  fuch^  as  thofe  Judges  have  not  Capacity  of 

Judicature^  nor  Rules  of  Law  to  dire^  and  guide 

their  Judgment  in  Cafes  of  fo  tranfcendent  a  Nature \ 

which  happening  fo  often j  the  very  Intermitting  of 

that  conjlant  Rule  of  Government^  pra£lifed  for  fo 

many  Ages^  within  this  Kingdom^  would foon  diffolve 

the  Foundation  and  Frame  of  our  Monarchy. 

Wherefore  as,  to  our  Commons  j  we  made  fair  Pro* 
pofttions^  which  might  equally  prefer ve  thejufi  Liberty  . 
cjthe  Subject:  So^  my  Lords ^  we  have  thought  good 
to  let  you  inoWy  thaty  without  the  Overthrow  of  our 
Sovereignty^  we  cannot  juffer  tins  Power  to  be  im- 
peached: NotTvith/landingy  to  clear  our  Confcience  and 
jufi  Intentions^  this  we  publifh^  That  it  is  not  in  our 
Heart ^  5  nor  will  we  ever  extend  our  Royal  Power, 
lent  unt9  us  from  God,  beyond  the  juji  Rule  of  Mo* 
deration^  in  any  Thing  which  fhall  he  contrary  to  our 
Laws  and  Cuftoms ;  wherein  the  Safety  of  our  People 
fhall  be  our  only  Aim.     And  we  do  hereby  declare 
our  Royal  Plea  Jure  and  Refolution  to  be^  which  ^  God 
willing^  we  /ball  ever  conflantly  continue  and  main- 
tain^ That  neither  we^  nor  our  Privy-  Council^  Jhall 
or  will,  at  any  T'tme  hereafter^  commit  or  command 
to  Prifony  or  otherwife  refrain ,  the  Perfon  of  any 
Man  for  not  lending  Monty  to  us ;  nor  for  auy  tther 
Caufe^  which,  in  our  Confcience^    doth  net  concern 
the  public  Good  and  Safety  of  us  and  our  People  :  We 
will  not  he  drawn  to  pretend  any  Caufe ^  wherein  our 
Judgment  and  Conjcience  are  not  jathfied\    which 
bafe  Thought,  we  h-jpe^  no  Man  can  imagine^  will 
fall  into  our  Royal  hteafi:  And^  in  all  Cafes  of  this 
Nature,  which /hall  hereafter  happen^  w/Jha/l^  upon 

the 


112    The'Parliamgrifary'HisroKY 

■  AB.4.ch«l"l.'*^  humble  Peiititn  of  the  Party,  or  Adirefs  of  eur 

(6x8.        fuiget  Unit  us,  readily  and'reaUy  exprejs  the  true' 

Caufe  efthiir  Commitment  er  Rejirdint ;  fifmi  cs, 

uislb  Conveniency  and  Safety,  the  (amf  w  fit  ta  6e 

Idifdefed  and  exprejjid :  Jfnd  that  in  all  Caujes  crimi- 
nal,  if  ordinary  yurifdiSlion^  cur  fudges Jball  pro- 
teed  tt  the  Deliverance  or  Bailment  of  the  Prifiner, 
according  ta  the  inown  and  ordinary  Rules  of  the 
Lajt/s  of  this  Land,  and  according  to  the  Statutes  of  ' 
Magna  Charts,  and  thofe  other  fix  Statutes  inftfted 
upon  i  wfnchtve  do  take  Knowledgefiand  in  full  Forct^ 
and  vihich  we  intend  net  te  abrogate  or  weaken  a- 
gainji  the  true  Intention  thereof, 
This  we  have  thought  fit  tofignify,  the  rather  la 
fijorten  any  long  Debate  upon  this  great  ^uefiioUi 
the  Seofm  of  the  Year  being  fo  far  advanced,  andettr 
great  Occafions  ef  State  not  lending  many  more  Days-    . 
Jor  hnger  Continuance  of  this  Sejien  of  Parliament. 
Given  under  our  Signet,  at  our  Palace  at 
JVeJlminJler,  12th  of  May,  in  the  fourih 
Yeai  of  our  Ktv^n. 

The  King's  Letter  being  read,  a  Meflage  was 
immediately  Jem  to  ihc  Commons,  for  a  prefent 
^^^  Conference  between  both  Houfes  in  the  Painted 

^^^k  Chamber,     Which  being  agreed  to,  and  the  Lords 

^^^^  remrned    from    it,     ihe    Lord- Keeper   declared, 

^^^  '  That,  according  to  the  Direiton  of  the  Houfe, 

^fiio  (heKu-.on  ^^  informed  the  Commons  of  their  Lordihips  De- 
dtij.ei  prefent    fire  to  coiitinue  a  good  Correfpondcnce  with  them. 
CunCercncs  »"hXha[  they  defired  this  Conference  to  (hew  their 
(^.Common',    Proceedings  OH  the  Petition  of  Right,  prefentcd  to    ■ 
^^^  their  Lordihips  by  the  Commons!   which,   after 

^^^B'         much  Dibaie  in  the  HoufC)   was  referred  to  iSe- 
^Bf  ledt  Cnmraiiiec  to  be  conlidered,  '  Whether  anjr 

^^^  Thing,  not  altering  the  Senfe  of  the  Petition,  might 

be  vary'd  theiein,  fo  as  it  might  be  fit  to  receive 
'  from  liis  Majcfty  a  gracious  Anfwer:'   That  the 

Committee  returned  to  the  Houfe  thefe  Alterati- 
ons, which  are  now  ofl'ered  to  the  Commons,  on- 
ly narratively  ;  and  that  they  left  one  great  Point, 


r<y,  E  N  G  L  A  N  D.       uj  ^ 

la  ,lhe  ffljd'Beiition,  concerning  IrapriroritnentAn.4.cti»ri«i, 

without  a  Caufe  exprcfftd,  to  be  debated  by  Uieir        '*•*• 
■Houie ;  bat,'befoie  the  Lords  had  entered  into  ii, 

they   received  a  gracious  Lectier  from  the  King,  

this  Morning,  wbich  offers'Saiisfaflioa  to  Ixiih 
Houfcs  iliercin  ;  and  before  their  Lordlhips  would 
proceed  any  further,  they  thought  fit  to  acquaint 
ibera  therewich.' 

That  thiE  being  Tpoken,  he,  the  Lord-Keeper, 
-.deliveced  unto  the  Commons  the  faid  Petition  ef  • 
Right,  and  the  Alleraiions thereof  in  Paper;  and   . 
that  he,  likewife,  did  deliver  unto  them  a  Copy  • 
of  the  King's  Letter,  and  read  the  original  thereof, 
they  acknowleJging  the  fai<J  Ca^py  to  agree  thene- 
vith  verbatim ;  and  then  his  Lordlbip  defired  the 
Commons  (o  cxpcdiie  this  Bufinefs,    unto  which 
they  anfwered,  '  They  came  wiih  Ears  only.' 

The  Report  being  ci«lcd,  the  Lords  referred  the 
further  Confideralion  of  this  BuliBcfs  to  the  After- 
Boon.  At  w^tch  Time,  it  wae  put  to  the  Quef-  . 
lion  and  agreed,  That  touching  the  Point  of  Jm- 
^prilbnment,  m  the  Petition,  ihit  Houfe  (hould. 
move  the  Cammons,  That  the  Petition  may  be  i 
reduced,  in  the  aforetid  Point,  within  the  Com- 
pafs  of  what  his  Majefty  had  ofiered  by  his  gracioui 
Leiier.  , 

The  Cunc  Day  when  the   King's  Letter  wn  , 
communicated  to  the  Houfe  of  Commons,  they  laid   i 
it  afide :  And  Sir  Thomas  fVentworth  faid,  *  It  was  a   . 
Letter  of  Grace;  but  the  People  will  only  like  ftf 
that  which  is  done  in  a  Parliamentary  Way  ;  bo- 
lides, the  Debate  of  it  would  fpend  much  Tim?, 
oeilher  was  lit  directed  to  the  Houfe  ofCommons} 
and  the  i*tfinV«  ef  Right  would  clear  all  Miftaiw; 
i-'or,  litid  he,  fomegive  it  out,  <-l!  if  the  Houfe  weot. 
about  to  pinch  the  King's  Prerogative,' 

M^y  14^1  tioih  Hou.fes  met  at  a  Conference  f 
:i*ftet  which,  the  Lord- Keeper  leporied  tlie  Effedt 
jtbereof  to  the  Lords,  viz.    .  Tt,  Rjpo, 

,     Rrji,  His  Lorilihip  repeated  the  Heads  of  what  thereof  by  i 
\ie  fpake,  accord, n2  to  the  Direflions  of  th^  Houfe, '■"f''  "^"l "" 
Vol.  VUI,  H  T 


114  Tf^^  Tartiamektary  Hi  s  ik)  r.  r 

Aa.4.ChitlnLthi3  Morning  in  the  Entrance  of  the'  faid  Confer- 
"■*■       ence,  on  this  Manner. 

'  That  at  the  laft  Meeting,  the  Lords  made  to 

■  the  Commons  a  Propoiiiion,  of  fome  Alterations 
•-to  be  made  in  the  Petition ;  and  doubt  not  fc«it  the 

■  Commons  have  confidered  of  them,  and  come  pre- 
:  pared  to  confer. 

*  Tiiat,  anhefameTime,  the  Commons  were 
■"made  acquainted  with  bis  Majefty's  Letter ;  and 
'-.had  a  Copy  delivered  ihem  to  conudcr  of  it,  as  the 
;  Lords  alfo  promifed  to  do. 

'^,  '  That  the  Lords  have  done  accordingly;  and 
taken  into  iheir  Thoughts,  Firfl,  The  Propofiti- 
'  Dn«  or  Tenets  of  the  Commons  concerning  the  Sub- 

■  jeti's  Liberty.     Secmdly,  That  Part  of  the  Petition 

■  which  concerns  it.  And,  Lajify,  His  Majefty's 
Letter. 

-'-  *  That,  upon  all  theft,  they  have  not  proceed- 
ed to  any  Refolution  exclufive  or.conclufive  ;  not 

-to  exclude  the  Right  or  Liberty  of  the  Subjefi, 
nor  the  PiopoiiiionorPeiiiion  concerning  the  famej 
roryer  to  exclude  the  Prerogative,  or  Right  of  the 
King ;  nor  to  conclude  themfelves  from  more  ma- 
ture Refoiurions. 

*  But  upon  Conlideration  of  the  Letter,  they 
find  gracious  Inieniions  in  the  King,  and  diveis 
toyaj  and  good  Offers  touchiiig  the  Liberty  and 

freedom  of  the  People. 

'  That  ihey  have  confidered  of  the  prefent  Af- 
fairs,  That  vm  Coalls  arc  infefted  by  Enemies, 

and  likely  to  be  more  fo.  if  there  be  no  prefent 

Prepamiions  .".gainft  them. 

■  •  That  the  State  of  the  Reformed  Religion  a- 
broad  is  miferable  and  diltrefl'ed ;  and  expedts  and 
depends  on  the  Sircccfs  of  liiis  Parliament.  And, 
therefore,  ihcir  Lordibips  wifh  fuch  a  Courle  to  be 
taken  as  may  bell  beget  a  right  Undeiftanding  be- 

^ween  the  King  and  his  People.  And,  therefore, 
they  have  thought  lit  that  the  Commons  be  moved, 
tlut  the  Petition  concerning  ihai  Point,  for  this 
Trme  and  Stflion,  be  reduteJ  inio  luch  a  Form  as 
may 


0/    E  N  G  L  A  N  D.       115 

■pay  be  mod  agreeable  to  iljal,    which,  by  thisAi 
Letter,  we  may  cxpedt  lohave  from  the  King.' 

The  Lord-Keeper  further  reported,  That  he 
having  faid  thus  much.  Sir  Edward  Cukst  one  of  ihe 
Commons  Houfe,  anfwercd  and  exprelTed  their 
great  Joy,  for  ihat  the  Lords  held  fo  goud  Corref^ 
pondence  with  ihem,  v/hich  they  would  endea- 
vour lo  continue  j  and  proceeded  to  fpeak  to  their  , 
Petitionj  and  of  their  Lordfhips  propofed  Altera-  ■ 
tions  and  Amendments ;  and  ol  the  King's  Letieri 
and  faid,  That  ihey  had  voted  their  Petition,  and 
expe(5lcd  Reafons  from  the  Lords  for  thofe  Altera- 
tions: And  that  ihe  Letter  it  no  Anlwcrin  a  Par- 
liamentary Way.ro  their  Petition,  ^i.  That  it  will 
take  upmuch  Time  fully  to  confider  thereof;  and 
he  offered  to  fatisfy  their  Lordfliips  in  the  other. 
Part  of  the  Petition. 

The  Loid-Keeper  alfo  further  reported,  That 
Sir  Dudley  Digg!,  one  of  the  Commons,  deiircd  toi 
have  Leave  lo  refort  to  their  Houfe,  and  they  would 
reiurn  fuddenly  to  the  Confererce  again.  ' 

After  fome  fmallStay,  tlie  Commons  retutned 
to  the  Conference  f  Aii4  the  Lords  having  Notice- 
thereof  the  Houfe  was  adjourned  duiing  Pleafure. 

Their  Lordlhips  being  returned,  the  Houfe  wai 
refumed :     And  I 

The  Lord-Keeper  reported  that  the  Commou  ' 
&id.  That  they  had  related  unto  their  Houfe  what- 
their  Lordfhrps  bad  faid  concerning  the  King's  Lei- 
tetj  and  thai  their  Houfe  had  refolved,  Nottoen- 
ter  into  Confidcration  thereof,  for  that  it  is  no  Par- 
liamentary Courfc.  And  ihey  explained  what  Sir 
£dward  Cokt  had  faid,  touching  their  voting  of 
the  Petition,  viz.  That  they  had  voted  it  at  a 
Committeejnoi  in  their  Houfe ;  for,  olherwife,  they 
could  not  alter  any  Pari  thereof-  . 

This  Report  ended,  the  Lords  confidered  what 
fliould  be  more  faid  unto  the  Commons:  who  at-  . 
tended  in  the  Painted  Chamber.  And,  after  fomo 
fmall  Debate,  it  was  agreed  to  return  lo  the  faid 
Conference  J  »nd  ihc  Lord-Keeper  to  let  them 
H  2  tnow.. 


1*16    Ihg^arliamentaryHiSTORY  _ 

A».4,Ch«le!l.  Thai  it  is  rot  ihe  Intent  of  ihe  Lords  lo  reft  only 
■6"S-  i:pon  the  King's  Letter,  for  an  Anfwer  to  tire  Pc- 
tliior  i  but  to  move  the  Cummoiis  lo  frame  the 
Peiifion,  lb  as  il  may  be  bell  accommodated  for 
Ihe  King's  Anfwer ;  and  ihen  to  proceed  in  a  Par- 
lijtnentary  Way.  Their  Defire  is  not  to  change 
the  Subftancc  o(  the  Petiiimt  (by  ihofe  Alterati- 
ons propoundffdj  but  only  to  alter  Ibme  Phrafea, 
wliLcli  may,  haply,  be  difpleafing  unto  his  Ma- 
jcfiy.  And  that  the  Lords  deiire,  '.hat  the  Point  of 
Imprifonment  may  have  Precedency,  before  they 
debate  any  other  Point  of  the  PctUm. 

Then  the  Houfe  was  again  adjourned  duting 
PlEafurc:  And  the  Lords  went  to  the  Conference. 

Being  returned,  and  the  Houfe  refumed, 
'I  he  Lord-Keeper  reported  the  Commons  An- 
fwer, to  be,  that  they  conceive  the  Lords  propound- 
ed no'  unto  them)  That  they  (liould  wholly  rely 
on  the  King's  Letter,  for  an  Anfwer  to  ihe  Pelt- 
t  ill:  Yet,  not  with  ftanding,  they  cannot  proceed 
upon  the  laid  Letter  •■  it  not  being  a  Parliamentary 
Wfiy.  That  if  the  Lords  will  be  pleafed  to  pro- 
pound the  Alterations  of  the  Periikn,  they  will 
confer  thereon. 

This  Report  eiideil,  the  Lords  began  to  debate 
amnngii  thcmfelves  an  Accommodation,  touching 
the  Point  of  TrnprH'onmeni.  And  tlic  Houfe  being 
put  into  a  Comniittee,  and  having  agreed  not  lo 
be  concluded  by  any  Propofition  of  Accommoda- 
tion, it  was  reiumed  auain. 

Agreed  Lijx>n  the  Quelfion,  That  To-morrow 

Morning  the  Honle  Ilia!!  proceed  to  ilie  Acconi- 

Wodation  of  this  Point  in  the  Petition. 

-  The  Lords  debated  this  Matter  yet  fome  Djys 

lynger,  till,  on  the  i7lh,  their  Committee  brought 

in  an  Addition  to  the  Pttitian  of  Right ;  which 

Was  read  in  thefe  Words  .- 

The.  Loids  Ad-     fVt  humbly  pr^fenl  this  Pfiifiou  Is  your  hiajefiy\ 

diUon  ^^^t^f-  mi  anly  \M\th  a  Care  sf  prtfervi'is  cw.bwi  Libtrties^ 

'""" "     '*  ''  Ifat  mlh  4ut  RtgavA  tt  Itavt  tntht  that  fevireign 

Powir 


0/    ENGLAND.      117  ^ 

Pawtr^  whermith  your  Mjltftyh  trufted,  fir  lhexi,.^.Cba\tA. 
Prsteifie/i,  Saftty,  and  Happine/s  ef  joar  People.  ie»t- 

The  raid  .Committee  declared.  That  this  was 
ofiered  to  be  confidered  of,  for  an  Accommodation 
only  J  not  that  it  (hould  conclude  iheif  Lord(hif.s 
in  their  Opinion,  nor  exclude  the  Paitisn  ef  Right 
prefented  to  them  by  the  Commons. 

The  Lords  agreed  to  thefe  Propofiils  of  their 
Committee,  and  refolved  to  have  another  Confe- 
rence with  the  Commons,  both  about  this  Addi- 
tion, and  fome  other  Alterations,  formerly  propo- 
fed,  to  their  Peiilian  of  Right :  In  which,  iniir 
alia,  the  Lord  Keeper  was  to  tell  ihem,  That  tbc 
Lords  did  defire  a  good  Correfpondeiicy  with  them, 
■which  would  tend  to  a  happy  Succcfs  of  this  Par- 
liament- 

This  Conference  was  held  in  the  Afternoon  of 
that  Day  ;  when  the  Lord  Keeper  opened  it  in  the 
Manner  following: 

THAT  whereasatthelaftConferenceof  both  A  CaaUte 
Houfes,  there  were  fome  Thing*  propound-  thfreupon. 
ed  ibatcame  from  tiieir  Lotdihips,  out  of  a  Defire 
the  Petititm  might  have  the  eafier  Paflage  with  his 
Majefty,  not  intending  to  violate,  in  any  Manner, 
the  Subllance  of  the  Petition;  b'Jt  it  was  then 
thought,  that  there  was  another  Part  of  the  Pe- 
iitim  of  aa  great  Importance  and  Weight ;  The 
t^rds,  fitice  the  Time  of  that  Confereiire,  have 
cmpioyeii  themfclves  wJioHy  to  reduce  the  Petitisn 
to  fuch  a  Frame  and  Order,  that  ihey  may  gi/e 
both  to  you  and  them  Hops  of  Acceptance. 

'  And.  after  many  Deliberations,  and  much  Ad- 
vice taken,  my  Lords  have  refolved  to  reprefeBt 
unto  you  fomething  which  ihey  have  thought  upon,, 
yet  not  as  a  Thing  conclulive  to  them  or  you ; 
swid,  according  to  their  Defiies  [hiving  mentionod 
it  in  the  Beginning)  h.ive  held  it  fit  to  conclude  of 
Nothing,  till  that  you  be  made  acquainted  with  it; 
and  that  there  may  be  a  mature  Advifement  be- 
tween you  .ind  ihein,  fo  that  there  may  be  ihe  hap- 
pier Conc'.ufion  in  all  this  Bulinefs. 

H  i  *  This 


^H  n8    VjeTarHameBtarjiHisTOKr 

A>i.4-Cb*ilcil.     '  This  being  the  Delermination  of  the  Lords, 


I 


That  nothing  that  is  now  offered  unto  you  (hould 
be  conclufivc  J  yet  they  thought  it  convenient  to 
prefent  it  unto  you. 

'  This  Alteration,  (yet  not  Alieration  but  Ad- 
dition) which  ihey  Ihall  propound  unto  you,  to  be 
advifed  and  conferred  upon,  which  is  no  Breach  of 
the  Frames  they  think  meet,  if  it  (hall  ftand' 
with  your  Liking,  to  be  put  in  the  Conciufion  of 
the  Petition,  which  1  ihall  now  read  unto  you. 

fVe  humbly  prtftnt  this  Pilitiea  la  pur  MojeJIy, 
Tist  cnly  with  a  Care  sf  prtferv'mg  air  duin  Liber- 
tits,  but  viith  due  Regard  to  leave  entire  that  Sovf 
reign  Power  wherewith  your  Majejiy  is  trvfted  fir 
the  PrauSlion,  Safety,  and  Happine/s  ofysur  Petpte. 

'  This  is  ihe  Thing  ihe  Lords  do  prefent  unto 
you  as  the  Subjsd  of  ibis  Conference,  concerning 
the  adding  of  this  in  ihe  Conciufion  of  the  Petition : 
And  as  they  know  this  is  new,  and  that  you  can- 
not prefently  give  an  Anfwcrto  it,  therefore  they 
defire  that  you  do,  with  fomeSpeed,  confidcrof  it; 
and  tlieir  Lordfhips  will  be  ready  this  Afternoon.' 

The  Commons  being  returned  to  their  Houfe, 
and  i\iz -Addilian  being  debated,  it  produced  feve- 
tal  Speeches  {b), 
e  thenen  Mr.  Alfsrd.  '  Let  US  Sook  into  Ihe  Records, 
"•■and  fee  what  they  are ;  what  is  Sovereign  Pov^er  ? 
Bodin  faith,  Trat  it  is  free  from  any  Conditions. 
By  this  we  fhall  acknowledge  a  regal  as  well  as  A 
legal  Power.  Let  us  give  that  to  the  King  the 
Law  gives  him,  and  no  more.' 

Mr.  Pimme.  '  I  am  not  able  to  fpeak  to  this 
Queflion,  for  I  know  not  what  it  is.  All  our  Pa- 
titien  li  for  the  Lawsof  £/(ffeW;  and  this  Power 
fecms  to  be  another  diftinO  Power  from  the  Power 
of  the  Law,  I  know  how  to  adJ  Sovereign  lo  the 
King's  Peifon,  but  not  to  his  Power:  And  we 
cannot  leave  to  him  a  Sovereign  Pewer ;  for  wc 
never  were  pofTefled  of  it.' 

Mr. 

(h)  r.>r  all  thtfc  wr  ire  oWigef  to  Mt.  tt-Jl'iawb,  oM  •timv_ 
(c'ipis  biiof  iilciil  on  ihii  Snl'jtil'. 


Mr.  HufwelL    *  We  cannot  admit  of  thefeAn.t.chMtaT,' 
"Words  with  Safety:  They  ate  applicable  to  all        '***• 
ifie  ParB  of  our  Pelitm :   It  is  in  the  Nature  of  a 

Saving,  and  by  i:  we  fhall  imply  as  if  we  had  in-  

croached  on  his  Prerogative.  AH  the  Laws  wc 
Cilcare  wirhout  a  Saving;  and  yet  now,  after  the 
Violation  of  them,  muft  we  add  a  Saving  ?  I  have 
•  ftcn  divers  Petitions  where  the  Subjei5l  claimed  a 
Right,  yet  there  I  never  faw  a  Saving  of  this  Na- 
ture.' 

Sir  Edward  Coie.  '  This  is  magnum  in  panjo. 
This  is  propounded  to  be  a  Conclufion  of  our  Pt' 
tititn.  It  is  a  Matter  of  great  Weight ;  and,  to' 
fpeak  plainly,,  ii  will  overthrow  aH  our  Petiiitit ;  it' 
trenches  to  all  Parts  of  it ;  it  flies  at  Loans,  at  the  ' 
Oath,  at  Itnprifonment,  and  at  billeting  of  Sol- 
diers; This  turns  all  about  again.  Look  into  all 
the  Petitions  of  former  Times;  they  never  peti- 
tioned wherein  there  was  a  Saving  of  the  King's 
Sovereignty.  I  know  that  Prerogative  is  Part  of 
the  Law,  but  Sovereign  Power  is  no  parliamentary 
■■Word.  In  my  Opinion  it  weakens  Magna  Chart j, 
and  all  the  Statutes ;  for  they  are  abfoluie,  without 
any  Saving  of  Sovereign  Pswcr  ;  amjfhould  wenow 
add  it,  we  Qiall  weaken  the  Foundation  of  Law^ 
and  then  the  Building  mull  needs  fall.  Take  we 
heed  what  wc  yield  unto.-  Magna  Charts  h  fbch 
a  Fellow,  that  he  will  have  no  Sovereign,  I  won- . 
.der  this  Sovereign  was  not  in  Magna  Charla^  or  in 
jihe  Confirmations  of  it.  If  wegrant  this,  bylm- 
,  plication  we ^ve  i  Sovereign  PowerahaveaW  Laws. 
Power  in  Law,  is  taken  for  a  Power  with  Force ; 
The  Sheriff  iball  take  the  Power  of,  the  County ; 
what  it  means  here,  God  only  knows.  It  is  re- 
pugnant lo  our  Petition  ;  that  is,  a  Petition  ef 
.S;]£^*/,  grounded  on  Aits  of  Parliament.  Our  Pre- 
decelTbrs  could  never  endure  a  Salvo  Jute  Jiio,  no 
more  than  the  Kings  of.  old  could  ejidurc  for  the 
Church,  Salvo  Hoiiore  Dei  &  Ealefia:.  Wc  muft 
notadmit  of  it  J  and  to  qualify  ii  islmpoflihle.  Let 
us  hold  our  Privileges  according  to  the  Law.  That 
.  Power  that  is  above  Uiiii,  is  not  lit  lor  the  King 
and 


An,  ^  OiMlnl.J'"^  People  10  have  it  difputed  furtHrt'.  '^I^had'  4- 
j6i8.  ther,  for  my  Part,  have  the  Prefogaiive  afted»  and 
I  myfelf  tolyeunder  it,  than  to  have  it  difpufed.'  ,, 
Sir  Thamas  ffintwsrih.  '  If  >e  do  3drmt'  of 
this  Addition,  we  fhall  leave  the  Subjefl  worfe  than ' 
we  found  him  i  and  we  fhall  have  little  Thanfci' 
for  our  Labour  when  we  come  home.  Let  us  leaVt;  , 
all  Power  to  his'Majefty  to  punifh  MidefaSlore  ;' 
bat  thefe  Laws  are  not  acquainted  with  Sovereign 
pBVjer.  We  defire  no  new  Thing ;  nor  do  WB 
offer  10  Irench  on  his  Majefty's  Prefogative :  We. 
may  not  recede  from  this  Petition^  eiiher  in  Part, 
or  in  Whole.' 
'  Mr.  A^^;,  'ToaddaSiTO;n/isnotfafe:  Doubt-' 
fill  Words  may  beget  ill  Conftruftion  j  and  thp 
Words  are  not  only  doubtful  Words,  but  Words 
unknown  lo  us,  and  never  ufed  in  any  Ait  or  Pe- 
tition before.' 

Mr.  Stlden.  '  Let  us  not  go  too  haftlly  to  the 
Queftion  :  If  there  be  any  Objeflloos,  let  an/ 
propound  them,  and  let  others  anfwer  them  as  they 
think  good.  If  it  hath  no  Reference  to  our  Peti- 
tion, what  doth  it  here  ?  lam  Cure  all  others  will 
fay  it  haih  Reference,  and  fo  miift  we.  It  dotJl 
fat  exceed  all  Examples  of  former  Tjmej.  What 
Man  can  Ihew  me  the  like?  1  have  made  that 
Search  that  fulty  fatisfies  m6,  and  1  find  not  ano- 
ther befides  28.  Elizabeth.  We  have  a  great  many 
Petitions  and  Bills  of  Parliament  in  all  Ages,  in 
all  which  we  are  fure  no  fuch  Thing  is  added, 
That  Claufe  of  38,  Edward  I.  was  not  m  the  Pe- 
tition, but  in  the  King's  Anfwer. 

'  In  Magna  Charta  there  were  no  fuch  Claufts. 
The  Articles  themfelvesare  to  be  fecn  in  a  Library 
at  iijmf^fA,  in  a  Book  of  that  Time,  Upart  which  tile 
Law  was  made.  There  was  none  in  the  Articles  in 
Kingysis'sTime, fonhefel  have  leeft;  'and  there' 
is  no  Saving.  In  the  Statutes  of  Cajifirmauo  Char- 
tatam,  is  a  Saving,  Its  Antients  Aids  -,  (hat  ii',  pur 
FjlU  maiyer,  i^  pur  /aire  Filz  Cijivuli'er,  and  for 
Jlanfom,  And  in  the  Articles  of  King  Johu  \a 
the  oiiginal  Charter  '(which  I' can  fh:wj  there 
Ihofe 


0/    E  N  G  I.  A  N  D.      rir  J 

thofe  tbree  Aids  were  named  therein,  and  they  An.*-  Ch«Si 
were  all  known.  In  tlie  asihof  Eiward  III.  there  '^^*- 
is  a  Petition  againft  Loans,  there  is  no  Saving  -, 
and  fo  in  others.  As  for  that  Addition  in  the  aSth 
of  Edward  I.  do  but  obferve  ihe  Petitions  after 
Magna  Charia  j  as  5.  Edward  III.  tliey  put  up  a 
Petition ;  whereas,  in  Magna  Charta,  it  is  con- 
tained. That  none  be  imprifontd,  but  by  due  Pro- 
cefe  of  Law  i  thofe  Words  arc  not  in  Magna  Char- 
ta, and  yet  there  is  no  Saving :  And  fo  in  the  i8ih 
of  EdwardWl.  and  36.  37.  and  42  Of  Edward  HI. 
all  whicTi  pafs  by  Petition,  and  yet  there  is  no  Sa- 
ving  in  them :  And  there  are  in  them  other  Words 
that  are  not  in  Magna  Cbarta,  and  yet  no  Saving, 

*  As  to  what  we  declared,  by  the  Mouth  of  our 
Speaker,  this  Pailiamenr,  That  it  was  far  from  our 
Heart  to  incrcach  on  the  King's  Prerogative ;  we 
then  fpake  of  ihe  Kind's  Prerogative  by  iifelf,  and 
we  are  bound  to  fay  fo :  Bur  fpeaking  of  out  own 

■  Rights,  fhail  we  fay,  We  are  not  to  be  imprifoned, 
faving  but  by  the  Eing's  Sovereign  Power?  Say, 
Illy  Lands  (without  any  Title)  be  feized  in  the 
King's  Hands,  and  I  bring  a  Petition  of  Right ; 
and  i  go  to  the  King  and  fay,  '  I  do  by  no  Means 
feek  your  Majefty's  Right  and  Title  j'  and,  after 
that.I  bringaPetirion,  or  Monfiranct  de  Droit,  fel- 
ting forth  my  own  Right  and  Title  i  and,  withal! 
fee  down  a  Saving,  that  I  leave  etitire  his  Majefty's 
Right  [  i:  would  be  improper.  It  was  objefled. 
Thai  in  Ihe  28th  of  Edward  I.  in  the  End  of  Jfr- 
thili  fuper  Chartas,  which  was  a  Confirmation  of 
Magna  Charia,  and  Charta  de  Forejia,  in  Ihe  End 
(here  was  a  Claufe,  Savant  !i  Droit  i3  Signiory ; 
the  Words  are  In  that  Roll  ih^c  is  now  extant,  but 
the  original  Roll  Is  not  cxtaiii. 

*  In  the  25th  of  Edward  lil.  there  was  a  Con- 
firmation of  the  Charier.  In  the  zjihof  Ediv.lW. 
the  Parliament  was  called,  and  much  Stir  there  wa? 
about  the  Charter,  and  renewing  the  Arircles;  but 
then  liitle  was  done.  In  28.  Edward  I.  ihe  Com- 
mons, hy  Petition  or  ISill,  did  obL-iin  the  Liberties 
and  Amcles  at  the  Etid  of  the  Parliament ;  they 


Ill  TheTarliamentary HisroKY 

,^.4'Chirlnl.  were  cxiradlcd  out  of  the  Roll,  and  proclaimed 
'^*        abroad.    The  Addition  wasadded  in  the  Proclama- 
tion J  but  in  the  Bill  there  was  no  Savant,  yel  afier- 
wardB  it  was  put  in  ;  and  to  prove  tliis,  tfao'  it  is 
^^^  true  there  is  no  Parliament- Roll  of   iliat  Year  ; 

^^H  yet  we  have  Hiftories  of  that  Time :  In  the  Li- 

^^H  brary  at  Oxford,  there  is  a  Journal  of  a  Parliament 

^^^1  of  that  very  Year  which  mentions  fo  muchj  aj 

^^H,  alfoin  the  public  Library  at  Cdm^nV^^ithereisinft 

^^^K  Manufcript  tliit  belonged  to  an  Abbey  :  It  was  of 

^^^  the  fame  Year,    2S.  Edward  I.  and  it  mentions 

I  the  Parliament  and  the  Petitions,  and  ArtUuloi  ^uis 

pii'ieruht  J'u  (onjirmavit  Rex,  ut  i/i  Fine  adderct, 
faha  Jurt  Corana  R'gis,  and  they  came  in  by  Pro- 
clamation, But,  in  Lmdan,  when  the  People  heard 
of  this  Claiife being  added  in  the  End,  rh«y  fell  in- 
to Execration  for  that  Addition  ;  and  the  great 
Earls,  that  went  away,  fatisfied,  from  the  Parlia*" 
mcnl,  hearing  of  this,  went  to  the  King;  and  af- 
terwards it  was  cleared  at  ihe  next  Parliament. 
Npw,  there  is  no  Parliament-Roll  of  this,  of  that 
Time ;  only  in  the  End  of  Edw.  111.  ihereits  one 
Roll  that  recites  it." 

The  Lords,  afterwards,  at  a  Conference,  tender- 
ed Reafons  to  foriify  their  Addition ;  which  were 

■*^''j^J^'"J,^^^7 briefly  reported  to   the  Commons  that  the  Lord 

rhek  AdditioD.  Keeper  laid,  *  That  the  Lords  were  all  agreed  to 

defend  and  maintain  the  juft  Liberties  of  the  Sub- 

jeft,  and  of  the  CroWn ;  and  that  the  Word  Unvf 

I  was  debated   amongft  them ;    and   thereby  ihey 

meant  to  give  the  King  nothing  new,  but  what 
was  his  before :  As  to  the  Words,  Sevcreign  Paiver^ 
as  he  is  a  King  he  is  a  Sovereign,  and  mufl  have 
Power  1  and  he  faid  the  Words  were  ealier  than  the 
Word  Prerogative.  Ag  for  the  Word  that,  it 
is  a  Relative,  and  referred  to  that  Power,  that  is 
for  the  Safely  of  ihe  People  ;  and  this,  faid  hu,  can 
never  grieve  any  Man;  being  thus  publifhed,  it  is 
not  Sovereign  pnvjir  in  genera!.  But  now,  in  Con- 
futation of  our  Reafons,  he  faid.  Magna  Charta 
WAS  not  wiih  a  Saving;  but,  faid  he,  you  purfue 
not 


0/   E  N  G  L  A  N  D.      123         1 

»ot  the  Words  of  Magna  CfiarUt  and  therefore  ilAo.4.a» 
needs  an  Addiim.  ***'• 

'  As  for  the  28th  of  Edward  I.  he  faid  there 
w^s  a  Savings  and  an  ill  Expolition  cannot  be  made 
of  this  i  and  both  Hoafes  have  agreed  it  in  Sub- 
fiance  already  ;  that  the  Commons  did  it  in  a 
Speech  delivered  by  the  Speaker ;  and  that  we  fajr 
we  have  not  a  Thought  to  incrOach  on  the  King*! 
Sovereignty  ;  and  why  may  we  not  add  it  in  our 
Petition  f 

Upen  this  Report  Mr.  Mafin  fpake  as  follows  (i)  : 
Mr.  Speaker^ 

IN  oar  Pstitm  of  Ri^ht  to  the  King's  Maje(ly,R... 
weirention  the  Laws  and  Statutes;  by  whichitSpMihiaAiIl 
appearelh.  That  no  Tax.Loan,  or  the  like,  oi^ht'^*"  tha«w. 
to  be  levied  by  ihe  King,  but  by  common  AlKnt 
jn  Parliament :  That  no  Freeman  ou^ht  to  be  im- 
prifflned  but  by  the  Law  of  the  Land  ;  And  that 
'no  Freeman  ought  to  be  compelled  to  fuffcrSol- 
^i£rs  in  his  Houfe. 

*  In  the  Ptiiikn  vie  have  exprelTed  the  Breach 
of  thefe  Laws,  and  defire  we  may  not  fufFer  rhe 
like  ;  all  which  we  pray  as  out  Rights  and  Liberties. 

*  The  Lords  have  propofed  an  Addition  to  this 
-Pelilian,  in  thefe  Words : 

ffi  humbly  prefent  this  Peiilitn  ta  your  Megijly, 
ml  mfy  with  a  Care  of  pefitving  eur  nvn  Liberties, 
but  with  due  Regard  to  icave  entire  that  Sovereign 
Power,  wherewith  year  Majejly  is  trutled,  fer  the 
Prateitiin,  Safety,  and  Happinefs  of  your  People. 
.  '  Whether  we  (hall  confent  to  this  jfdd:lien,  is 
the  Subject  of  this  Day's  Difcourfe:  And  becaufc 
'ftiy  Lord  Keeper,  at  ihe  Conference,  declared 
their  Lordfhips  had  taken  the  Words  of  the  Peti- 
lim  apart,  I  Ihall  do  To  too. 

'  The  Word  Leave,  in  a  Petition,  is  of  the  fame 

Nature  as  Saving  in  a  Grant  or  Aft  of  Parliameni : 

When  a  Man  grants  but  Part  of  a  Thing  he  laves  the 

reft; 

I  ManuTciIpt,  it  bdnc  [noie  coitcS 


lis. 

I 

.An- 

i 


I J4    The'Tariiamentary  History 

All  4JlMrlei  1.  reft  ;  When  he  petitions  to  be  renored  but  tu  Part, 

'*»*■        be  kaveih  the  reft  :  Tlren,  in  the  End  of  out  Pe- 

titien,  the  Word  Lmve  will  imjily,  that  fomething 

^   —  is  to  be  left  of  that,  or  at  leaft  with  a  Reference 

^■^M  .       to  what  we  defire. 

^^^1  '  The  Word  Entire  is  very  contderabJe.     A 

^^^1  Conqueror  is  bound  by  no  Law,  but  hath  Power 

^^H  dare  Leges ;  his  Will  is  a  Law  :  And  altho'  ffil- 

^^^M  Uam  the  Cen^uersr,  at  lirft,  to  make  his  Way  to  the 

^^H  '  Crown  of  England  the  mote  eafy,  and  the  Poflif- 
^^^1  Son  of  it  more  fure,  claimed  it  by  Title ;  yet  af- 

^^H  lerwards,  when  there  were  no  powerful  Pretend- 

^^^1  ers  to  the  Crown,  the  Tiile  of  Conqueii  (to  intro- 
^^^L^  c!uce  that  abfolutc  Power  of  a  Conqueror^  wjj 
^^Hr  claimed  ;  and  the  Staiutc  of  Magna  Charta,  and 
^^^■r  other  Statutes  mentioned  in  our  Petiihfi,  do  prlnci- 
^^^f  pilly  limit  that  Power.  1  hope  it  is  as  lawful  for 
^^^  me  to  cite  a  'jefiit^  as  it  is  for  Dr.  ManwaTtng  to 

r  faliify  him  ;  Saiw^s,  in  his  lirft  Book,  dt  Legibust 

I  Ca^.  jy.  delivereth  his  Opinion  in  ihefe  Words, 

I  Ainplitudo  W  ReflriSlia  Potejlath  Regwn,  circa  ea 

qua  per  fe  mala  vel  injujh  nan  fant,  pendent  ex  Af 
biiria  haminum,  i^  ex  amiigua  ConvenluHe,  vel  Pac- 
te,  inter  Jleges  £tf  Regnum.-  And  he  farther  expref- 
feth  his  OpMnion,  That  the  King  of  Spain  was  ft> 
abfolute  a  Monarch,  that  lie  might  impofe  Tribute 
I  without  Conlenl  of  his  People,  untill  about  zoo 

^^^  Years  fince  ;  when  it  was  concluded,  between  hinj 

^^^  and  his  People,  that  without  Confent  of  his  People 

^^H  by  ProxieS)  be  Hiould  not  impofe  any   Tribute. 

^^^1  And  Suarez^s  Opinion  is.  That,  by  that  Agree- 

^^^^  mcnt,  the  Kings  of  Spain  are  bound  to  impofe  n6 
^^^1         Tribute  without  Confent. 

^^^1  '  And  this  Agreement  ihnt  Author  calls  a  re- 

^^^H  jlraining  of  that  Sovereign  Power.  The  Statutes 
^^^1  then,  mentioned  in  our  Petitisn,  reHraining  that 
^^^H  abfolute  Power  of  the  Conqueror ;  if  we  recite 
^^^P  thofe  Statutes,  and  fay,  vit  have  entire  that  Scve- 
^^^^  feign  Power,  we  do  take  away   that   ReHraintv 

which  is  the  Virtus  and  Sirengrh  of  thofe  Statutes  } 
I  snddohereby  letat  LibetiyikisClaim  of  Sovereign 

I  Power  of  a  Conqueror,  vvh.ch  llicn  will  be  limiT 

ted 


Of    E  N  G  L  A  N  D.      laj 

ted  2aid  rellrained  by  no  Laws :  This  may  be  th^  Aa.4.Ch«kii, 
Danger  of  the  Word  Entire.  »•»»• 

•  The  next  Word  dehvcred  by  the  Lords  as  ob« 
fervable,  h  the  Particle  tbat.^  And  it  was  (aid» 
That  all  Sovereign  Power  is  not  mentioned  to  bo 
left,  but  only  that  with  which  the  King  is  trufted 
fer  our  ProteAion,  Safety,  and  Happinefs  :  But  1 
conceive  this  to  be  an  Exceptbn  of  all  Sivireigm 
Power  ;  for  all  Sovereign  Power  in  a  King,  is  for> 
the  Protedion,  Safety » and  Happmefs  of  his  People. 
If  all  Soverdgn  Power  be  excepted,  you  may  ea- 
fily  judge  the  Confequence ;  air  Loans  and  Taxei 
being  impofed  by  Colour  of  that  Sovereign  Power. 

*  The  next  Word  is  tn^ied^  which  is  very  am- 
biguous ;  whether  it  be  meant  trufted  by  God  only^ 
as  a  Conqueror ;  or  by  the  People  alfo,  as  a  King  i 
who  is  to  govern  alfo  according  to  Laws,  ex  Pa&$. 
In  this  Point,  I  will  not  prefume  to  adventure  fur^ 
ther ;  only  I  like  it  not,  by  reafon  of  the  doubt&il 
Expofitbn  it  admits. 

^  I  have  likewife  confidered  the  Propofition  it- 
ielf,  and  therein  I  have  fallen  upon  a  Dilemma# 
That  this  Addition  fhall  he  conftrued,  either  to  re- 
fer unto  xht  Petition^  or  not :  If  it. do  not  refer  unr 
lo  the  Petition^  it  is  meerly  ufelefs  and  unneceflary^ 
and' unbefitting,  the  Judgment  of  this  grave  and 
great  Affembly  to  add  to  a  Petition  of  this  Weight.: 
If  it  hath  Reference  vmo  it,  then,  it  deilroys  not 
only  the  Virtue  and  Strength  of  our  Petition  ef 
Right y  but  our  Rights  themfel  ves :  For  the  Additionp 
being  referred  to  each  Part  of  the  Petition^  will  ne*, 
eeflarily  receive  this  Conftrudlion,  zHz.  • 

'  ^  That  none  ought  to  be  compelled  to  make  any 
Gift,  Loan,  or  fucb  like  Charge,  without  commoo 
Confent,  or  Ad  of  Parliament ;  un!e(s  it  be  by  tbo 
Sovereign  PrnMr^  with  which  the  King  is  trufted 
(or  the  Protection,  Safety,  and  Happiness  of  bis 
People :«— That  none  ought  to  be  compelled  to 
iqjourn  or  billet  Soldiers,  unlels  b'j;  the  fame  S^ve^ 
tjigvPmverc-^Andfo  of  the  rcftof  the  Righis  con- 
stained  in  the  Pr///iw..-    .  .  •    .  ^  ^ ..  . 


126    The  Parliamentary  HrsTORy 

ile.4  cwittt,  <  Then  the moftfavourablcConftruftionwillbe, 
'"*'  That  the  King  hath  an  otdinary  Prerogative,  and 
by  that  he  cannot  impofe Taxes, or  imprilbn;  that 
U,  he  cannot  impofe  Taxes  at  his  Will,  or  imploy 
them  aa  he  pleal'eth :  But  that  he  hath  an  extraor- 
rfinary  and  irani'cendent  Sovereign  Power,  for  the 

>Proieftion  and  Happinefs  of  his  People ;  and  for 
fuch  Purpofe  he  may  impofe  Taxesi  or  billet  Sol- 
diers as  he  pleifeih.  And  we  may  afliire  ourfeives, 
that  hereafter  all  Loans,  Taxes,  or  Billeiing  of  Sol- 
diers, wili  be  faid  to  be  for  the  Proteftion,  Safety, 
and  Happinefs  of  the  People :  Ccitainly,  hereafter, 
it  will  be  conceived,  that  an  Houfe  of  Parliament 
would  not  have  made  an  unneceflary  Additkn  lo 
i!  this  Peliiion  tf  Right ;  and  therefore  it  will  be  re- 

iblved,  That  the  Addition  hath  Relation  to  ihe  Pe- 
IF  t'tten,  which  will  have  fuch  Operation  as  I  have 

^^H  formerly  declared  :  And  I  the  raiher  fear  it,  becaufe 

^^^h  the  late  Loan  and  Billeting  have  been  declared  to 

^^^1  have  been  by  Sovereign  Power,  for  the  Good  of  our- 

^^^^  lelves;  ard  if  it  be  doubiful  whether  this  Propofi- 

^^^E  (ion  hath  Reference  to  the  Petiiicn  or  not,  I  know 

^^^1  who  are  to  judge  whether  Loans  or  Imprifonmcnta 

^^^^  bereaficr  be  by  that  Sovereign  Power,  or  not  ? 

^^^B  *  A  Parliament, whichis  afiodymadeupoffeve>' 

^^^1  ral  Wits,  and  may  be  diilblved  by  one  CommifHon, 
^^^H  cannot  be  certain  lo  decide  this  Queltion  :  Wecan- 
^^^E  not  refolve  that.  If  the  Judges  Ihail  determine  the 
^^^B  Words  of  the  King's  Letter  rend  in  this  Houfe,  re- 

^^^1  citing,  'that  the  Cauje  of  Commitment  may  ie  fuch, 

^^^P  that  the  "Judges  them/elves  have  net  Capacity  of  7a- 

^^^  d'uatvre,  nor  Rulei  of  Law  to  dire£t  and  guide  their 

"Judgmenti  in  Cafes  of  that  tranfcendent  Naturt; 
why  then  the  Judges,  and  the  Judgments  may  be 
eafily  conjeftured.  It  hath  been  conieficd  by  iho 
King's  Counfel,  that  the  Statute  of  Magna  Charfa 
binds  the  King,  then  it  binds  his  Sevrreigrt  Power^ 
and  here  is  an  Addiljui  of  Saving  the  Kin^s  Scvtx 
reign  TrMcr. 

*  I  (hall  next  endeavour  to  give  fome  Anfwer  t« 
Vh&  Keafbns  given  by  the  Lotds^ 


0/    E  N  G  L  A  N  D.       i  a?         ^ 

'  The  FJrJI  is,  That  it  is  ihe  Imemion  of  boili  a„.^  ci.u1«!, 
Houfes,  to  mainiain  tbc  jufl  Liberty  of  the  Subjeift,        Hit. 
and  not  [oditniniihthe  juftPowerol'lhcKingj  and 
therefore  the  Expreifion  of  that  Intention  in  this  Pe- 
tilio'i,  cannot  prejudice  us.     To  which  I  anfwcr: 

'  Firft,  Thatour  Jniertion  was,  and  i?,  as  we 
then  profefled  -,  and  no  Man  can  aflign  any  Parti- 
cular in  which  we  have  done  to  the  conirary ;  nei- 
ther have  we  any  Way  iranfgren'cdt  in  that  Kind, 
in  this  Pif(i/;M :  And  if  we  make  i\\\i  Jddiiim  lo 
the  Ptiitkn,  it  would  give  fome  Intimation,  that 
wc  have  given  Cauie  or  Colour  of  Offence  therein  j 
which  we  deny,  and  which  if  any  Man  conceive  fo, 
let  him  affign  the  Particular,  that  wc  may  give  An- 
swer there  unto. 

■■  *  By  our  Peihm,  we  only  defire  our  panicular 
Rights  and  Liberties  to  be  confirmed  to  us ;  and, 
therefore,it  is  rot  proper  for  us  lo  mention  therein 
Scveriign  Power  in  genera!,  it  being  altogether  im- 
peitinent  to  the  Matter  of  t!ie  Ptut'm. 

'  There  is  a  great  Difference  between  the  Wojds 
of  the  Adiiiiion,  and  the  Word?!  propofcd  ihcrcui 
as  the  Reafon  thereof,  viz.  hetween  jiift  Power, 
which  may  be  conceived  to  be  limited  by  Laws ; 
and  Sovereign  Pewtr^  which  is  fuppofed  to  be  iranf- 
ccnilenl  and  boandlefs. 

'  The  fecond  Reafon,  delivered  by  their  Lord- 
ftiips,  was,  That  the  King  is  Sovereign ;  that  as 
he  is  Sovereign,  he  muft  have  Power,  antllhat  this 
Struerdgn  Pkuct  is  to  be  left :  For  my  Part,  I  would 
fo  leave  it,  as  not  to  mention  it ;  but  if  it  fhould  be 
exprefledtobelcft  in  this /•«./»«,  as  ilispropole(i,n 
muft  admit  fomcihing  to  be  left  in  the  King  of  what 
we  pray,  or  at  leaft  admit  fome  Swereign  Pffwer  in 
his  M ijefty,  in  thefe  Privileges  which  we  claim  to 
be  our  Right ;  which  would  frultrate  our  Puitim 
Ipd  deflroy  our  Rig^t,  as  i  have  formerly  Ihewed. 
T  *  The  third  Real'on  given  for  this  ^(ii^CiffM,  was. 
That  in  the  Statute  of  Artimti  fuper  Cbartas,  there 
is  a  Swing  of  the  Stigniory  of  the  Crown. 

*  To  which  1  give  this  Anfwer,  That  Miigna 
^jStertt  W3!  eoalitmeJ  above  thirty  Tin:e3>  and  a 
g'^nerat 


1 2  8    The  Tarliiwiettary  H  i  s  T  o  r  r      ' 

An.  4.  ctaria  [.general  Saving  was  in  nwie  ef  thefe  Afls  of  Con- 
.  '***■        firmation,  but  in  ihis  only ;  and  I  fee  no  Caule  we 
fliouli  follow  one  ill,  and  not  ihinygood  Prece- 
dents; and  ihe  raiher,  beeaufe  tliat  Saving  produ- 
ced ill  Effefls,  that  are  well  known, 

'  That  Saving  was  by  Aft  of  Parliament;  the 
Conclufion  of  which  Adt  is.  That  in  all  thofe  Cafes 
ihe  King  did  well,  and  all  thofe  that  were  at  the 
making  of  that  Ordinance  did  intend,  that  the  Right 
and  StignioTy  of  the  Crown  (bould  be  faved ;  By 
whith  it  appears,  (hat  the  Saving  was  not  in  the 
.  Peiitien  of  the  Commons,  but  added  by  the  King ; 
ior  in  the  Petitsan,  ibe  King's  Will  is  not  exprefled. 
'  In  that  Ail  the  King  did  grant,  and  part  with, 
10  his  People,  divers  Rights  belonging  10  his  Prero- 
gative; as,  in  the  lirft  Chapter,  hegranied,  That 
itie  People  might  chufe  three  Men,  which  m^t 
have  Power  to  hear  and  determine  Complaints 
madeagainft  thofe  that  offended  in  any  Point  of 
Magna  Charta ;  though  ihcy  were  the  King's  Of- 
ficers, and  10  fine  and  ranfom  them  :  And  in  the 
)i,  1 2,  and  1 5  Chapters  of  that  Statuie,  the  King 
parted  with  other  Prerof^atives;  and  therefore  thcte 
miglit  be  fomc  Reafon  of  the  adding  of,  that  Save- 
rtjgn  Power,  by  the  King's  Council:  But,  in  this 
Pelilion,  we  di;iire  nothing  of  the  King's  Preroga- 
uve  i'  but  pray  the  enjoying  of  our  proper  and  un- 
doubled  Rights  and  Privileges;  therefore  there  is 

l^_  no  Caudt  to  add  any  Words,  which  may  irtiply  a 

^^^  Saving  of  [hat  which  concerns  not  the  Matter  in 

^^f  Ihe  PetUioti. 

^^^  *  The  foutih  Reafon  given  by  their  Lordfliips, 

was,  That  by  the  Mouth  of  our  Spcalcer,  we  haw, 
in  [his  Parliament,  declared,  That  it  was  far  from 
our  Intehtion,  loincroach  upon  his  Majefty's  Pre- 
rogative; and  thai,  therefore,  it  could  not  preju-  " 
dice  us,  to  mention  the  fame  Relbluiion  in  an  jU- 
ditisn  to  this  Petition. 

'  To  which  I  anfwcr,  That  that  Declaration 
■w:i3  a  general  Anfwer  to  a  Mefl'age  from  his  Ma- 
jclly  to  us,  by  which  his  Majelty  exprelTed,  Thai 
tie  would  not  have  his  Prerpgative  ftjaiKoed  by  any  , 


0/    E  N  G  L  A  N  D.      up 

tiew  Explanation  of  Magna  Cbarta^  or  the  reft  of  Air.4.Char;ei;. 
the  Statutes :  And,  therefore,  that  Exprcffion  of  «^»*' 
our  Speaker's  was  then  proper,  to  make  it  have  Re- 
ference to  this  Petition  j  there  being  nothing  therein 
Contained  but  particular  Rights  of  the  Subjed,  and 
nothing  at  all  concerning  bis  Majefty's  Preroga* 
tivre. 

*  Secondly^  That  Anfwer  was  to  give  his  Ma- 
jefty  Satisfia£lion  of  all  our  Proceedings  in  general  s 
and  no  Man  can  aflign  any  Particular,  in  which  we 
have  broken  it ;  atid  this  Petition  juftifiesiifelf,  that 
in  it  we  have  not  offended  againft  our  Proteftaiion : 
And  I  know  no  Reafon  why  this  Declaration  (hould 
not  be  added  to  all  the  Laws  we  fhall  agree  on,  in 
this  Parliament,  as  well  as  to  this  Petition. 

*  The  laft  Reafon  given,  was.  That  we  have 
varied  in  our  Petition  from  the  Words  of  Magna 
Charta  ;  and  therefore  it  was  very  neceffary,  that 
a  Saving  fliould  be  added  to  the  Petition. 

'  1  anfwer,  That  in  the  Statutes  of  5.  25.  and 
28.  Edward  III.  and  other  Statutes,  by  which 
Magna  Charta  is  confirmed,  the  Words  of  the  Sta- 
tutes of  Explanation  differ,  from  the  Words  of 
Magna  Charta  itfelf ;  the  Words  of  fome  of  the 
Statutes  of  Explanation  being.  That  no  Man  ought 
to  be  apprehended,  unlefs  by  Inuidlment,  or  due 
Procefs  of  Law  5  and  the  other  Statutes  differing 
from  the  Words  of  Magna  Charta  in  many  Par- 
ticulars ;  and  yet  there  is  no  Saving  in  thofe  Sta- 
tutes, much  lefs  ftiould  there  be  any  in  a  Petition 
of  Right. 

*  Thefe  are  the  Anfwers  I  have  conceived  to  the 
Reafonsof  their  Lordfliips;  and  the  Expofiiion,  I 
apprehend,  which  muft  be  made  of  the  propofcd 
Words,  if  added  to  omx  Petition.  And,  therefore, 
I  conclude,  that,  in  my  Opinion,  we  may  not 
confent  to  this  Addition^  which  yet  I  fubmit  to  bettor 
Judgments.' 

» 
On  the  19th  the  Commons  received  a  Meffage 
from  the  King,  importing,   only,  *  That  it  was 
*  not  his  Intent  to  interrupt  them  with  his  Mef* 
Vofc.  VIII.  I  *  iv^%  ^ 


^ 

^      150    The  Parliamentary  History 

AB.4.Charle8i/  fages ;  but,  being  obliged  to  go  to  P^f/^Bd?«/A,  in 
1628.       *  a  Day  or  two,  on  preffing  Occafions,  he  defired 
'  they  would  proceed  with  the   Bufinefe,  tbey 
*  wfere  upon,  with  all  Expedition.' 

This  Meflage  was  no  fooner  delivered,  than  tbey 
Farther Pr»ceed-  agreed  lO  fend  to  the  Lords,  to  have  a  fnsc  and  a 
H^uf«  wiatin  "^^^"^1  Conference  with  them,  about  the  ExcepHons 
toThe'prtition^  their  Lordfhips  had  taken  to  their  Petitim^  zb  well 
of  Right.  as  the  Additional  Claufiy  proi^fcd  at  the  laft  C6q- 

ference ;  to  which,  they  faid.  They  were  urged 
by  a  gracious  Meflage  from  his  Majefty. 

This  Conference  was  hfeld  the  fame  Day^  and 
the  feveral  Alterations  again  debated  between  them  j 
but  no  Conclufion  was  made  of  the  Buiine6,  for 
that  Time  5  nor  at  another  Conferener>  the  next 
Day,  on  the  fame  Affair. 

Mdy  2 1  ft,  the  Lord- Keeper  delivered  a  Meflage 
to  the  Lords,  from  the  King  to  this  Purpofe. 
*  That  his  Majefty  had  conimandcd  him  to  let 

*  them  know.  That  he  difccmed  all  his  Affairs  de- 

*  pended  upon  the  Refolution  of  that  Houfe  touch- 

*  ing  the  Petition  :  That  his  Wants  were  great  and 

*  prefling,  ?iV{^\i\mk\i xo  go ihoxiXy  to Poptfmouthi 

*  therefore,  he  defired,  before  his  going,  to  fee  hi» 

*  Bufinefs  in  Forwardnefs;  arxl  expedted,  that  they 

*  would  refolve,   that  Day,    whether  they  would 

*  join  with  the  Houfe  of  Commons  or  not.* 

The  Lords,  having  taken  this  Meflage  into  Con- 
fideration,  returned  for  Anfwer,  by  the  Duke  Of 
Buckingham^  That  they  had  fer^t  to  the  Commons 
to  require  an  immediate  Conference  about  kj  and 
their  Anfwer  was.  That  they  could  not,  conveni* 
fentfy,  meet  'till  the  next  Morning. 

But  it  was  not  till  May  23d  that  this  Conference 
was  held ;  and  in  the  Afternoon  of  that  Day,  the 
Lord-Keeper  was  ordered  to  report  one  Part  of  the 
Conference,  and  the  Lord-Prefident  the  other.  It 
is  to  be  ohferved.  That  the  Lords  had  given  up  all 
lhe^r  Alterations  of  the  Petition^  and  now  ftuck 
10  ibc  AJdiiional  Ckufey  only,  before- mentioned. 

The 


0/    E  N  G  L  A  N  D.      131 

The  Lord-Keeper  began  and  reported  his  PartAa.4.charlai. 
of  the  Conference,  delivered  in  a  Speech  from  Mr,       '^>'« 
GknviUej  to  this  Purpofe. 

I  Am  commanded  by  the  Houfe  of  Commons,  The  LorI  Keep- 
to  deliver  unto  your  Lordfhips  their  Reafons,"'*  ^^po^  of 
why  they  cannot  admit  of  the  Additm  tendered  SI;i9^^?^*« 
unto  them  by  your  Lordibips.  the  A^don 

*  But  for  an  Introduftion  to  the  Bufinefe,  pleafe  "»<*«  ^  <^ 
you  to  remember.  That  a  Petition  of  Right  was^"***' 
dewed  to  your  Lordfliips,  wherein  we  defired  you 

would  join  with  us  5  a  Petition^  my  Lords,  fitting 
for  thefe  Times,  grounded  upon  Law,  and  feek* 
ing  no  more  than  the  SubjeAs  juft  Liberty. 

*  This  Petition  confiftelh  of  four  Parts :  Tlie 
firft,  touching  Loans,  .Aids,  and  Taxes:  The  fe- 
condy  touching  Imprifonment  of  Men's  Perfons : 
The  third,  touching  Billetting  of  Soldiers :  The 
fourth,  touching  Commiflions  ifllied  for  martial 
Law,  and  put  in  Execution  upon  feveral  Perfons. 

*  Groaning  under  the  Burthen  of  thefe,  we  de- 
fire  Remedy,  and  wifli  your  Lordftiips  would  join 
with  us ;  which  you  having  taken  into  Confidera- 
tion-,  we  muft  confefs  have  dealt  nobly  and  freely 
with  us,  not  to  conclude  any  thing  till  you  hear 
our  juft  Reafons;  for  which  we  thank  your  Lord- 
fhips,  and  hope  you  will  value  thofe  Jleafons, 
which  We  fhall  now  offer. 

*  The  Work  of  thb  Day  will  make  a  happy 
Iflue,  if  your  Lordfliips  pleafe  to  relinquifli  this, 
as  we  formerly,  upon  Conference  with  your  Lord- 
Ihips,  have  done  fome  other  things :  For  the  Pro- 
pofition,  my  Lords,  we  have  debated  it  thoroughly 
in  our  Houfe;  and  I  am  commanded  to  deliver 
umo  you  the  Reafons,  why  we  cannot  infert  this 
Glaufe.  Neither  your  Lordfliips,  nor  we,  dcfire 
to  extend  Liberty  beyond  its  due  Bounds,  nor  to 
incroach  upon  the  King's  Prerogative. 

*  The  firft  Reafon  I  am  to  lay  down  is  touch- 
img  Sovereign  Power  J  which  I  befeech  you  not  to 
accept  as  mine  own,  being  but  a  weak  Member  of 


'    13a    TheTarliat^entaryHisTOKY 

An.  4.  Charles  I.  thlt  ft rong  Body  ;  but,  as  the  Reafons  of  the  whole 
i6»8.     .  Houfe,,  upon  great  and  grave  Confiderations.    i  . 

*  Firft,  my  Lords,  the  Words  Scvere'gn  Power ^ 
bath  either  Reference  or  no  Reference  to  the  Pe- 
tition :  If  no  Reference,  then  fuperfluous  5  if  a  Re- 
ference, dangerous,  and  -operative  upon  the  Piti^ 
tion :  And  we  think  your  Lordfhips  Purpofc  is  not 
to  offer  unto  us  any  thing  that  may  be  vain,  or  to 
the  Hinderance  of  any  thing  wherein  you  have 
already  joined  with  us.  The  Petition  declareth  the 
Right  of  the  Siibjeft,  which  yet  may  be  broken  by 
the  Words  Sovereign  Power ^  and  fo  the  Virtue  of 
the  Petition  taken  aWay :  The  End  of  the  Petition 
is  not  to  inlarge  the  Bounds  of  Law  j  but,  their  Li- 
berties being  infringed,  to  reduce  them  to  their  an- 
tient  Bounds :  And  fhallwe,  by  admitting  of  thefe 
Words,  Sovereign  Piower,  inftead  of  curing  the 
Wound,  launch  it,  aod  cut  it  the  deeper? 

'  The  next  Point  is  the  Word  intrufted  j  a 
Word  of  large  Latitude  and  deep  Senfe,  We 
know  there  is  a  Truft  vefted  in  the  King,  but 
regulated  by  Law ;  we  acknowledge  that  in  penal 
Statutes,  the  King  may  grant  another  Power  to 
difpenfe  with  the  Law :  But  Magna  Cbarta^  in- 
iiiding  no  Penalty,  leaverh  no  Truft;  butclaim- 
eth  its  own  Right ;  therefore  the  Word  intrujled, 
would  confound  this  Diftindion. 

*  Our  next  Reafon  is,  We  think  it  abfolutely 
repugnant  to  any  Courfe  of  Parliament,  .to  put  a 
Saving  to  the  Petition:  'In  former  Times,  the 
Courle  of  petitioning  the  King  was  this. — ^The 
Lords  and  the  Speaker,  either  by  Words  or  Wri- 
ting, preferred- their  Petition  to  the  King;  this 
then  was  called  the  Bill  of  the  Commons,  which 
being  received  by  the  King,  Part  he  rejefted  and 
put  out,  other  Pari,  he  ratified ;  and  as  it  came  from 
him  it  was  drawn  fiitoa  Law :  But  this  Gourfe,  in 
the  fecond  of  Hejiry  V,  was  found  prejudicial  to 
the  Subject ;  and  fince,  in  fuch  Cafes,  they  have 
petitioned  by  Petition  of  Rights  as  we  now  do, 
who  come  to  declare  what  we  demand  of  the 
King*,  for  if  we  fhould  tell  him  what  we  (bould 

.    .  not 


Of  ENGLAND.     133 

not  demand,  wefhould  then  not  ptx>ceed  in  a  par-Ao.4.charieti. 
liamentary  Courfe.  Now  for  that  which  is  alledg-  '^**^' 
cd  by  your  Lordfliipsj  De  Articulis  fuper  Ciartas^ 
That,  my  Lords,  is  not  like  this,  which  is  a  Saving 
upon  Particulars ;  but  this  Petition^  confiding  of 
Particulars,  would  be  cieftroyed  by  a  general  Saving. 
The  faving  de  Jrticulis  fuper  Chartas^  are  of  three 
Aids;  for  ranfoming  the  King's  Perfon,  for 
knighting  the  King's  eldeft  Son,  and  once  for 
marrving  the  King's  eldeft  Daughter.  Thefe,  by 
the  Form  of  the  Petition,  Ihew,  that  they  came 
in  upon  the  King's  Anfwer,  and  not  upon  the 
Petition;  firft  then  followed  the  Savings,  which 
(under  Favour^  we  think  are  no  Reafons  to  make 
us  accept  of  this  Savings  being  not  pertinent  to 
the  Petition. 

*  The  Sututeof  28.  Edward  I.  (which  confirm- 
ed Magna  Charta  with  a  Saving)  was,  in  Fad, 
fct  afide  by  the  J4th  of  the  fame  King,  which  re- 
ftorcd  Magna  Charta  to  its  firft  Purity  :  And  if  the 
ikid  Sutute  of  the  28th,  did  lay  fomeBlemifh  upon 
it,  (hall  we  now  make  the  Subjed  in  worfe  Cafe,  by 
laying  more  Weight  upon  it  i  God  forbid ! 

*  In  the  next  Place,  your  Lordfhips  reafon  thus, 
'  That  this  which  you  wiQi  we  would  admit  of,  is 
no  more  than  what  we  formerly  did  profefs  by  our 
Speaker,  when  we  fent  the  King  word,  We  had 
no  Purpofe  at  all  to  trench  upon  his  Prerogatives  :* 
It  is  true,  my  Lords,  we  did  fo ;  but  this  was  not 
nnnexed  to  any  Petition,  for,  in  that  manner,  we 
Ihould  never  have  done  It. 

'  Alid  here  I  am  commanded  (with  your  Fa- 
vours) to  deliver  unto  your  Lordfhips  what  a  learned 
Metnber  of  our  Floufe  delivered  there,  touching  this 
Point  (d).  *  The  King  (iaith  he)  and  the  Subjeft 
have  two  Liberties,  two  Mannors  joining  one  up- 
on another  t  The  King  is  informed  the  Subjeft 
haih  Intruded  upon  him,  but  upon  Trial  it  appear- 
sih  not  to  be  fo ;  were  it  fitting  think  you,  that  the 
Subjcdt  fliould  give  Security,  that  he  (hould  not 
incroach  or  intrude  on  that  Mannor,  bccaufe  the 

I  3  King 

fi)  Mri  Selden,    &;e  before,  Ds  ui. 


134    TbeTarliaffiefit/iryHisTtijiY 

An  4  Charles  I.  ^'"8  ^^^  ^^^^  informed  he  did  fo?   I  think  ypur 
'  1628.      '  will  be  of  another  Mind.* 

*  Wherefore  I  am  commanded  (feeing  w^  (»n» 
not  admit  of  this  Additim)  to  defire  your  Lordfbip^ , 
to  join  with  us  in  the  Petition ;  which  being  grant- 
ed, and  the  Hearts  of  the  King  and  People  knit 
together,  I  doubt  not,  but  his  Majefty  will  be  fafe 
at  Home,  and  feared  Abroad.' 

The  Lord- Keeper  having  finifhed  his  Report  of 
Mr.  GlanviW^  Speech  at  the  Conference,  the  Lord- 
Prefident  proceeded  to  the  other,  which  was  ipoken 
by  Sir  Henry  Martyn ;  and  which  his  Lordfhip  re- 
ported as  follows  {e). 

My  Lords ^ 

The  Lord  Prcfi-  HT^  H  E  Work  of  this  Day,  wherein  the  Houfc 
dent's  Report  of  J|[     of  Commons  havc  employed  the  Gentleman 

tb*rrcechln"^'^^  ^^^^^  '^^  ^^^  myfelf,  is  to  reply  to  the.An- 
thefamcOcca"  fwer,  which  it  hath  pleafed  the  Lord-Keeper  to 
fion,  make  to  thofe  Reafons,  which  the  Commons  of- 

fered to  your  LordftiipsConfideration,  in  Juftifica- 
tion  of  their  Refufal,  to  admit,  into  their  Petitien^ 
<be  Addition  recommended  by  your  Lord{hips  j 
which  Reafons  of  the  Commons,  fince  they  have 
not  given  fuch  Satisfaftion  to  your  Lordfhips  aathey 
defired,  and  well  hoped,  (as  by  the  Lord- Keeper's 
Anfwer  appeared)  it  is  thought  fit,  for  their  better 
Order  and  Method  in  replying,  to  divide  the  Lord- 
Keeper's  Anfwer  into  two  Parts ;  a  Legal,  and  a 
Rational.  The  Reply  to  the  Legal  Part  your  Lord- 
fhips  have  now  heard.  Myfidf  come  inftrudlcd  to 
reply  to  the  Rational ;  which,  alfo,  confifteth  of 
two  Branches:  The  Firft  d^^duced  from  the  whole 
Context  of  the  Additional  Claufe ;  the  Second  en-^ 
forced  out  of  lomc  fpccial  Words  of  it. 

*  In  the  former  are  thcfe  Reafons  why  the  fame 
defcrved  to  be  accepted  of  by  the  Commons.    Firfi^ 

Becaufe 

(9)  Both  thcfe  Speeches  arc  taken  from  a  Copy  (printed  Anna 
162S,  Sluarto)  in  our  Cblled^ion  of  Pamphlets,  and  examined  by 
the  Lords  Journals,  They  are  given  in  Rujbio^rtb  {inter  p^  565 
»pd  ^84.}  m  a  very  dift'er^ot  Mam)er« 


Of    ENGLAND.      135 

fiecaufe  it  would  afford  good  Satisfadlion  to  theAn.^.chsrlwii 
King.    Secondly^  To  your  Lordfhips.    thirdly.  It        '^*^' 
was  agreeable  to  what  the  Commons  ihemklves 
had  often  pfoteftcd,  and  cxprefled  by  the  Mouth  of 
their  Speaker. 

*  To  avoid  all  Mifunderftandings  and  Mifcon- 
ceit  herein,  which,  otherwife,  might  be  taken  a- 
gainft  the  Houfe  of  Commons,  upon  the  Refufal 
of  the  propounded  Addition ;  I  will  firft  ftate  the 
Qucftion,  and  open  the  true  Point  of  Difference 
f>etween  your  Lordfliips  and  us ;  which,  indeed,  is 
not,  as  is  conceived,  touching  the  Truth  of  this 
Mdithn^  in  the  Quality  of  a  Propofition :  For,  fo 
confidered,  we,  as  well  and  as  heartily  as  your 
Lordfliips  poffibly  can  do,  agree  it  to  be  a  true  Pro- 
pofition. 

*  Wherefore,  give  me  Leave  to  rehearfc  that 
Oath,  which  every  Member  of  the  Houle  of  Com- 
xnons  hath  taken  this  Seflion ;  and  doth  take  every 
Parliament,  viz. 

'  /,  A  B,  do  utterly  tejlify  and  declare  in  my  Con-- 
fciente^  That  the  King^s  Eighnefi  is  the  fupreme  Go* 
vernor  of  this  Realm  in  aliCaufes^  £sff.  and  to  triy 
Power  wiU  ajjiji  and  defend  all  Jurifdi^ions^  Pri^ 
vilegesj  Pre-emwenceSi  and  AuthoritieSy  granted  or 
belonging  to  the  King^s  Highnefs^  or  united  or  annexed 
to  the  imperial  Crown  of  this  Realm, 

*  So  that  your  Lordfliips  need  not  to  borrow, 
from,  our  Proteftations,  any  Exhortations  to  us  to 
entertain  a  Writing  in  Affiftance  of  the  King's  &- 
vereign  Power:  Since  we  ftand  obliged,  by  the 
mofl:  facred  Bond  of  a  folemn  Oath,  to  aflifl:  and 
defend  the  fame,  if  Caufe  or  Occafion  be  required. 

*  The  only  Queftion  and  Difference,,  between 
your  Lordfliips  and  us,  is  this;  whether  this  Jddi'^ 
tion  fhall  be  received  into  our  Petition^  as  any  Part 
thereof;  which  to  do,  your  Lordfliips  Reafons  have 
not  perfuaded  us ;  becaufe,  fo  to  admit  it>  were  to 
overthrow  the  very  Fabric  and  Subftance  of  our 
Petition  of  Right.  For  thefe  Words  being  added 
to  our  Petition^  viz.  We  humbly  prefent  this  Petiti- 
on ta  your  M^jtjly^  i^c^  with  due  Regard  to  leave 

entire 


^H^         13^    The  Tarliatnentary  Hi stor. v 

An.A  ChMias  Lcnlire  tbat  Sovereig,n  Power,  i^c.  do  imply  raanl- 

j6»8.       feftly  an  Exception  to  om  Peiiiien.     And  fuch  an 

Exceplion,  as  being  of  the  Nature  of  ihe  Thing 

whereuDto  it  is  an  Exception,  [Exceptia  (ft  de  Re- 

^^^  guk)  rauft,  ofNeceffily,  dc&voy  ibc  Petilm ;  fo 

^^H  far  as  to  the  Cafe  excepted.    Ex(eptio  ftrmal  Rtgu- 

^^H  lam  in  Cafibui  nen  exceplis,  in  Cafitui  ixitpth  dejlmii 

^^H  Rigulam, 

^^^1  '  I'hen  this  Jddilicn,  being  join'd  to  our  Petilien, 

^^H.  muft  produce  this  Conftrudion,  viz.  '  We  pray 

^^^^  '  EhatnoFreetnan  may  becompdled,by  Imprilbn-_ 

'  •  ment,  to  lerd  Money  tohisMajefty  without  hi*   ■ 

*  Afient in  Parliament;  noibe  imjirifoned  wilhout    1 
I      '  *  a  Caufe  exprefled  j  nor  receive  Soldiers  into  hi^ 

^^m^  '  Haufe  againft  his  Will;  nor  undergo  a  Commif- 

^■IH  *  lion  cf  Martial  Law  for  Life  and  Member^  in 

^^^P  *  Time.of  Peace,  b'f.  excepihis  M;ijellybepl(aled 

^^V  *  to  requite  our  Monies,  and  impriion  us  without 

t  '  Caufe  iliewed,  and  put  Soldiers  into  our  Houfes, 

f  '  and  execute  Martial  Law  upon  us  in  Time  of 

L  *  Peace,  by  Virti:e  of  his  Ssveieign  Pavjer'    By 

^^■)  which  Condru^iun,  (neceflarily  toilowing,  upon 

^^H  this  Addhsm]  our  Right  in  the  Premiffes  is  annihi- 

^^H'  lated  i  and  [he  Efiedt  of  the  PetUm  fruArated. 

^^H  '  Neither  may  it  fcem  llrange,  that  ihlsJddiim, 

^^H  [which  of  ilfelf,  in  Quality  ot  a  Piopolition,   we 

^^H  confels  to  be  moft  certain  and  IrueJ  being  added  iq 

^^^1  our  Peihion,  (which  alfo  is  true)  fhould  overthrow 

^^H  the  very  Frame  and  Fabrique  of  it :  Seeing  the  IjO- 

^^^1  gicians  take  Knowledge  of  fuch  a  Fallacy,  called 

^^H  by  them,  Fdlacia,  a  btm  divifis,  ad  male  conjunHa. 

^^^1  '  The  fecond  Part  of  my  Lord- Keeper's  RatiO- 

^^H  nal  Part,  was  itiferred  out  of  the  lalt  Words  of  this 

^^^1  ,  ^ddilm;  by  which  hisLordfhip  faid.  That  ihey 

^^^  did  not  /eave  entire  all  Severiign  Power,  but  that, 

^^^  only,  wherewith  his  Majelty  is  truftcd  for  thePro- 

r  teflipn,  Safety,  and  Happiuefs  of  his  People,     As 

it  his,Lord(hip  would  infer,  that  ^overeigti  Power 
I  -  %ijhit ezyilh,  i^c.   in   this  Place   to  be    Terminum 

dimii:tieiiteini  and  in  that  Confider.ition  would 
Jnduce  us  lo  accept  i[;  but  under  his  Lordfliip's 
CprreC\ioii,  we  cannot ib  interpret  it:  ¥a:  Fi'ft, 


0/f    ENGLAND.      137 

We  are  aflured  that  there  is  no  fuch  Diftinflion  of  AaU-ci»ilai« 
Sovereign  Power ;  as  if  fome  Sovereign  Power  was  *^*^« 
for  the  Happinefsand  Proteflion  of  the  People,  and 
fome  otherwife  5  for  all  Sovereign  Poiver^  whether 
trufted  by  God  or  by  Man,  is  only  ad  Salutem  V 
pro  Bona  PopuR  Regi  tommtjfa.  Secondly ^  In  this 
Place,  thefe  Words  Sovereign  Power^  wherewith  his 
Majefty  is  trufted  for  the  Happinefs  of  the  People, 
are  lo  far  from  having  the  Force  of  Termini  diminu^ 
entis,  that  is,  of  Words  of  Qualification  or  Limi- 
tation; that,  in  Truth,  they  are  Terms  of  impor- 
tant Advantage  againft  our  Petition ;  obliging  us, 
whenfoever  his  Majcfty's  Sovereign  Power  (hall  be 
exercifed  upon  us,  in  all  or  any  the  Particulars 
mentioned  in  this  Petition^  to  fubmit  thereunto 
without  further  Inquiry ;  as  taking  it  pro  ConfeJfOy 
that  it  conduced  to  our  Protection,  Safety,  and 
Happinefs. 

'  Having  fpoken  this,  in  Reply  to  the  Rational 
Part,  whereby  the  Lord- Keeper  laboured  to  pcr- 
fuade  us  to  entertain  this  Addition  ;  the  Houfe  of 
-  Commons,  defirous  to  gain  your  Lordlhips  abfo- 
lute  Conjunftion  with  them  in  prefenting  this  Peti- 
tion unto  his  Majefty,  hath  commanded  me  to  de- 
liver thefe  Reafons  or  Arguments  alfo  unto  your 
Lordfliips. 

*  The  firft  drawn  from  the  Perfons  of  the  Petiti- 
oners, the  Houfe  of  Commons;  whofe  moderate 
and  temperate  Carriage  in  this  Parliament,  be  it 
fpoken  without  Vanity  and  yet  in  much  Modefty, 
may  feem  to  deferve  your  Lordfliips  Affiftance  in 
this  Petition,  ex  ccngruo^  condigno:  Efpecially  if 
your  Lordfhips  would  be  pleafed  to  confider  the  Dif- 
contents,  PreflUres  and  Grievances,  under  which 
themfelves  in  great  Number,  and  the  Parts  for  which 
they  ferve,  lamentably  groaned,  when  they  firft 
arrived  here :  And  which  was  daily  reprefented  un- 
to them  by  frequent  Packets  and  Advertifements, 
out  of  their  feveral  Counties :  All  which,  notwith- 
(landing,  h^ve  not  been  able  to  prevail  upon  our 
^pderaiiop  i  or,  to  caufe  our  Pdliion  10  over  rule 

QUr 


^H         138   T7je 'Parliamentary  Hi^roKY 

A«.4.Cbiriet1.our  Difcrctions:  And  ihe  fame  yet  contiouetb  in 

'"*•       our  Hearts,  in  our  Hands,  and  in  our  Tongues  ; 

asappeareih  in  the  Mould  vi  ibis Pelitian ;  where- 

_  in  we  crave  no  more,  but  that  we  may  be  better 

^^K  ,  treated  herealter. 

^^H  '  My  Lords,  we  are  not  ignorant  in  what  Lan- 

^f^^  ftasge  out  Predecefibrs  were  wont  to  exprcis  them- 

Iclvesupon  much  lighter  Provocation  j  and  in  what 
Stile  they  framed  their  Petitiom:  No  lefs  Amends 
could  ferve  iheit  Turn  than  fevere  CommiiEons  to 

i  enquire  upon-the  Violaters  of  their  Liberties;  Ba- 

nishments of  Ibme,  Executions  of  other  Offenders ; 
more  Liberties,  new  Oaths  of  Magiftrates,  Judge* 
and  Officers  -,  with  many  other  Proviiions,  written 
iu  Blood :  Yet,  from  us,  there  hath  been  heard  no 

,  angry  Words  in  this  Petition ;  no  Man's  Petfon  is 

named :  We  fay  no  more  than  what  a  Worm  irod- 

'  deh  upon  would  fay,  (if  he  could  Jpeak,)  Iptay 

tread  upm  me  m  more .' 

'  The  fecond  Argument,  to  move  your  Lord- 
Ihipsnot  tourge  this  Addition  to  be  inferred  into  our 
Pelitien,  is  taken  a  Cinumjlantia  Tempsris.  7htre 
is  a  7imefcr  all  Things,  faith  the  l^Je  Man  (  and 

^  a  IVordjpekin  in  due  Seafin  is  Hie  apples  of  Geld  in 

I  Piiiwes  ef  Silver ;  and  unfeafonably  fpoken'as  uo- 

k  gracious. 

I     .  '  This  Time  is  not  feafonable  for  the  faid  M- 

f  ditioii;  beca.u(e  Sovereign  Pr^er  mine  mn/i  audilar. 

Some  late  Influences  have  made  ihe  Afpedl;  thereof 
not  to  feem  fo  comfortable  and  gracious,  as  hereto- 
fore it  hath  been ;  and  as  it  may,  by  God's  Grace, 
hereafter  be  again.  In  the  mean  time,  ftnce  angry 
Men  fay.  That  Ssvereign  Power  hath  been  abuled, 

.  .  and  moderate  Men  wi(h  it  had  not  been  fo  ufcd  ; 

^^^  the  exprefs  Refervalion  thereof  in  our  Petition,  as 

^^H  this  Addtion  would  have  it,  cannot  polTibly  be  Dca- 

^^^^ 

^^^P  '  The  third  Argument  is  12  Circumjaatia  LOci. 

^^"  Of  all  Places  the  Petition  is  the  woril:  10  fettle  this 

Addition  in ;  whith  leaveth  Sovereign  Power  entire- 

Lf  01  the  Piiiiisn,  being  a  'I'hing  that  conceine[h 
every 


I 


0/    E  N  G  L  A  N  D.      13^ 

arery  Man  fo  nearly^  it  wHl  mn  through  cveryAm^.CJiarfcii, 
Man's  Hands ;  and  e^ery  Man  will  be  reading  ol  iM« 
it.  In  perufiog  whereof,  when  they  (hall  ftll  upon 
this  Additifnal  Claufi^  of  the  King^s  Scvenign  Ptwtr^ 
prefently  they  will  run  Defcant  upon  thefe  Words, 
Sovereign  Power  ^  What  is  the  Nature  of  it?  What 
the  Extent  ?  Where  the  Bounds  and  Limits  ? 
Whence  the  original  ?  What  is  the  Ufe  i  With  ma- 
ny fuch  other  captious  and  curious  Queftions,  which 
will  yield  no  real  Advantage  or  Advancement  to 
Sovereign  Power.  For  it  was  ever  held  that  Sevi" 
reign  Power  then  fareth  bell,  when  it  is  had  in  an 
awful  and  tacit  Veneration ;  not  when  it  is  under 
vulgar  Difpute,  or  popular  Examinatbn. 

*  The  fourth  and  laft  Argument  is,  the  Loyalty 
and  dutiful  Care  of  the  Houfe  of  Commons;  who 
conceive  the  Entertainment  of  this  Addition  unto 
their  Petition^  might  prove  a  Differvice  to  hb  Ma- 
jefty,  to  fay  no  more ;  and  do  therefore  refufe  it. 

*  It  is  true,  that,  join'd  with  your  Lordfliips,  we 
make  the  great  Council  of  the  King  and  Kingdom. 
And,  albeit  your  Lordfhips  may  know  other  Things 
better  than  wc,  yet  your  Lordlhips  will  give  us 
Leave  to  think,  and  fay,  That  the  State  and  Confi- 
deration  of  the  feveral  Parts  for  which  we  fcrve ; 
their  Difpofitions  and  Inclinations ;  their  Apprehen- 
fions ;  their  Fears  and  Jealoufies,  are  beft  known 
unto  us.  The  chiefefl:  Scope  and  End  of  all  our 
Endeavours,  in  this  Parliament,  is,  to  make  up  all 
Rents  and  Breaches  between  the  King  and  his  Sub- 
jects ;  to  draw  them  and  knit  them  together,  from 
that  Diftance,  whereof  the  World  abroad  takes  too 
much  Notice  \  and  fo  to  work  a  perfeft  Union  and 
Reconciliation  between  them. 

*  To  this  Purpofe,  altho'  we  right  well  under- 
ftand  how  the  Generality  of  the  Kingdom  hath 
been  impoveriflied,  and  their  Subftance  exhaufted, 
with  late  Loans  and  Contributions,  and  other  ex- 
traordinary Charges :  Yet  we  have  hot  forborn  to 
exprcfs  our  Willingnefs  to  grant  Five  entire  Subfi^ 
dies ;  which  is  to-  take,  as  it  were,  five  Ounces  of 
^ood  Blood  more  from  them  i  thereby  to  make  a 

real 


140   7heTarliaM0ntaryKisro%Y 

U.4  Chaiiesl.rcal  Dcmonftratbn,  to  his  Majefty,  of  the  true 
iHS,  Hearts  and  Zeal  of.  his  People  to  fupply  and  fup- 
port  him  in  an  ample  Meafurc,  even  out  of  their 
weak  Eftates  and  decayed  Means  :  And  thereby  to 
recover  and  regain  his  Majcfty's  former  good  Opi- 
nion and  AfFeftion  unto  them. 

*  On  the  other  Side,  we  have  made  choke  of  four 
epidemical  Difeafes,  which  efpecially  infeft  and  an- 
noy the  Body  of  this  Common  Wealth,  to  be  pre- 
fented  unto  his  Majefty  in  this  Petitm :  The  very 
View  and  Relation  whereof  cannot  (as  we  affure 
ourfelves)  but  make  fuch  an  Impreflion  on  his  Ma- 
jefty*s  Royal  Heart,  as  will  eafily  move  Compaf- 
fion  ;  and,  with  Compaffion,  a  ready  Aflent  in  his 
Majefty  to  eafe  and  free  his  good  Subjefts  from  all 
Scnfe  of  the  prefent,  and  Fear  of  the  like  Evils 
hereafter':  And  confequently  beget  in  the  Subjcfts, 
fo  eafed  and  freed,  a  reciprocal  and  mutual  Propor- 

/  tion  of  Love  and  Thankfulnefs. 

*  Now  if,  infteadof  fuch  a  clear  Refolution  from 
his  Majefty,  for  their  prefent  Relief  and  future  Se- 
curity; the  People  (hall  obferve,  in  the  Conclufion 
of  this  Petition^  fuch  a  Refervacion  of  Sovenlgn 
PovjcTi  as  will  not  only  revive  the  Memory  of  paft  • 
Sufferings,  but  alfo  minifter  juft  Sufpicron,  that  in 
Time  to  come,  when  it  {hall  pleafe  the  King  to 
make  Ufe  of  his  like  Sovereign  Power^  they  may 
undergo  the  like  Calamities  again :  We  appeal  to 
your  Lordfliips  Wifdom,  whether  the  Petition  be 
likely  to  produce  the  good  Ends  which  we  defirc 
and  propound  unto  ourfelves?  Nay,  I  will  befeech 
your  Lordfhips  to  give  us  Leave  to  ufe  the  Figure 
called  Reticentia ;  that  is,  to  infinuate  and  intimate 
unto  your  Lordfhips  more  Mifchiefs  and  greater 

'  Inconveniences,  that  might  arife  out  of  the  Incerpre- 
.  ration  of  this  yfddition,  than  is  fafe  or  fit  for  us  to 
utter;. 

*  Wherefore,  fince  the  Admittance  of  your 
Lordfhips  Addition  unto  our  Petition^  is  incoherent 
^r6  incompatible  with  the  Body  of  the  fame  :  Smce 
there  is  no  neceflarv  Ufe  of  it,  for  the  faving  of 
\be  King's  Pcerogaiive;  Since  the  Moderation.. of  * 

uvir 


Of    E  N  G  L  A  N  D.      141 

our  Petit im  deferves  your  Lordfhips  chearful  Con-  An.  4  Cluiilct i 
junction  with  us:  Since  \\i\s  Addition  is  unfeafon-  '***• 
able  for  the  Time,  and  improper  in  refpcft  of  the 
Place  where  your  Lordflirps  will  have  it'  infcrtcd*: 
And,  laftly,  fince  it  is  neither  agreeable  to  thofe  for 
whom  we  adl,  nor  anfwerable  to  that  Love  and 
Duty  which  we  owe  to  his  Majefty,  to  hazard  a 
Matter  of  fuch  unfpeakable  Confequence,  (as  wc 
aim  at)  by  admitting  this  Addition  into  our  Petitimi 
I  muft  conclude  with  a  moft  hearty  and  affec- 
tionate Prayer  unto  your  Lordfhips,  that  you 
would  be  pleafed  to  join  with  the  Houfe  of  Com- 
mons, in  prefenting  their  Petition  unto  his  Moft 
Sacred  Majefty,  as  it  is  by  them  conceived,  without 
this  Addition* 

Thefc  two  Reports  being  ended ,  the  Lords  deferred 
the  Debate  on  the  Reafonscontained  in  them,  to  ano- 
ther Time  :  But  as  the  Lord  Prcfident  had  reported. 
That  the  Commons  would  not  have  mifliked  fuch 
a  Propofition  as  the  Addition  is  by  itfelf,  and  fepa- 
rated  from  the  Petition^  to  which  it  was  no  Way 
to  relate  ;  the  Houfe  was  therefore  moved  to  treat 
with  them  again,  to  confider  of  any  other  Way, 
either  by  Manifeftation,  Declaration,  or  Proteft* 
Another  Conference  was  hereupon  defired,  to  pro- 
pofethis;  the  Refult  and  Report  of  which,  the 
next  Day,  {May  24.)  was, 

That  the  Commons  denied  to  treat  of  the  Ac- 
commodation by  a  Committee  of  both  Houles,  as 
was  propofed  by  the  Lords,  for  thefe  Reafons : 

I.  *  That  the  Bufinefs  was  of  fo  great  Weight, 
as  appears  by  the  long  Deliberation  thereof,  both  in 
their  Houfe,  and  in  the  Lords ;  and  their  Strength 
confifted  in  their  whole  Body,  like  a  Sheaf  of  Ar- 
rows. 

IL  *  Their  Houfe  was  confident,  that  the  Peti^ 
tion^  rightly  taken,  needed  no  A<l:commodation. 

III.  '  Their  great  Defire  to  give  Satisfaflion  to 
his  Majefty,  and  to  his  prefling  Occafions,  with  all 
poffible  Speed ;  which  would  be  deferred  by  this 
Treaty  of  Accommodation :  Wherefore  they  de- 

fit^d 


^^  r42    The  "Parliamentary  History 

*n.4,ciiirfcii.  fired  ihclr  Lordfhips  to  conlider  this,  and  alto  the 
'*'*■        Cicarnefs  of  their  Pelilhn' 

After  this  along  Dcbaie  enfucd  on  the  Bufincft  j 
■|^^  but  nothing  wa?  concluded  on  that  Day. 

^^H  Afay  36.  being  Monday,  the  Lords  went  again 

^^^  on  this  lediouB  Affair;  when  their  Committee  for 

Accommodation  was  otdered  to  withdraw,  and 
confider  of  fomewhat,  at  leaft,  to  clear  ihemfelvcs 
from  any  Defign  to  reftnin  the  juft  Prerogative  of 
the  Crown.  Some  little  Time  after  they  returned, 
and  brought  in  a  Form  of  a  Declaration  which 
they  had  agreed  upon  %  which  was  read  in  thefe 
,'  .Words: 

I  ■  t   May  it  pltafi  your  Mojl  Exctlltnt  Mtvifly^ 

\  .'    ■.  ^Tl/"^  ^^*  ^°^^'^  Spiritual  and  Tempora!,  in 

*  W     y°^^  ^^^  Court  of  Parlhment  aflcm- 

*  bled,  do  humbly  and  unanimoully  declare  unto 

*  your  Majelly,  that  our  Intention  is  not  to  lefien 

*  or  impeach  any  Thing,  which,  by  the  Oath  of 

*  Supremacy,  we  have  fworn  to  aiTift  and  defend.' 

This  Declaration  was  read  three  Time;,  put  to 
Th*  Lords  it  tile  Queftion,  and  aflented  to,  Nm'me  dijfenlientt. 
ihdf  Ad'"tkT.  '^''s  Lordaalfo  agreed,  now,  to  join  whh  the  Com- 
mon?, in  their  Pciitian  of  Right,  with  only  rwtt 
fmall  Alterations,  which  the  latter  had  before  ad- 
mitted of.  Another  Conference  was  then  required  j 
in  which  the  Lord  Keeper  dcliveicd  himfelf  u 
follows ; 

GentUmeti,  ..   I 

Thei^rdKefp-'\7'E  that  ate  Knights,  Citizens,  and  Burgcfles    1 
ei-iSp«i:hto      j[     of  the  Houfe  of  Commons,  I   have  many 
UwcfipMT'""     Times,  in  this  Parliament,  by  Command  from  my 
Lords,  declared  the  great  Zeal  nod  Aifeflion.  which 
my  Lords  have  to  maintain  and  nourifli  the  good 
Concurrence  and  Correfpondency,  which  hath  hi- 
therto continued  between  both  Hotifes ;  that  there 
might  be  a  happy  Iflue  in  this  great  Bufinefs,  for  the 
tjinmun  Good  of  the  King  and  Kingdom.  Now, 
that 


Of    ENGLAND.      143 

that  which  I  have  to  fay  this  Day  from  my  Lords,  An.4.cbariet|i 
is  to  let  you  know,  this  fair  Proceeding  is  not  a  Pro-       ***•• 
feffion  of  Words  only  ;  but  really  and  indeed,  con- 
cerning the  PitiiicHy  which  hath  been  long  in  Agi* 
Ution,  as  the  Weight  of  the  Caufe  required. 

'  Since  the  lafl:  Conference,  my  Lords  have  taken 
it  into  their  ferious  and  inftant  Coniideration  ;  and 
at  length  are  fallen  upon  a  Refolution,  which  I  am 
to  acquaint  you  with. 

*  The  Lords  have  unanimoufly. agreed  with  yoa 
in  omnitusy  and  have  voted,  that  they  will  join 
with  you  in  your  Petitmy  with  the  only  Altera- 
tion of  the  Word  Meansy  to  be  put  inftead  of  the 
Word  Pritext  5  and  for  the  Word  unlawful  to  be 
put  out,  before  thefe  Words,  not  warrantable  fy 
the  Laws  and  Statutes  of  this  Realm-:  Which  two 
Alterations  yourfelves  confenied  unto  (f). 

^  So  that  concerning  this  Bufinefs  there  remains 
nothing  now,  but  that,  having  the  Petition  in  your 
Hands,  ye  will,  if  ye  have  not  already,  vote  it  as 
they  have  done,  and  fo  prepare  it  for  his  Majefty ; 
and  my  Loids  will  take  Order,  that  the  King  be 
moved  for  a  fpeedy  Accefs  to  prefent  the  fame  to 
his  Majefty. 

After  fome  Paufe,  he  laid,  *  There  refts  one 
Thing  which  my  Lords  have  commanded  me  to 
add.  That,  in  regard  this  Petition  toucheth  upo» 
certain  Charges  raifed  by  the  Lords  Lieutenants, 
and  other  Perfons,  many  Times  for  good  Ufe,  for 
the  Service  and  Safety  of  the  Kingdom ;  ye  take 
it  into  your  Care  and  Confideration,  and  provide 
a  Law  for  afleffing  of  fuch  Charges,  as  the  Occafion 
of  the  Time  Iball  require.' 

But  before  this  Conference  was  held,  the  Lords 
Ifnt  the  Duke  of  Buckingham  to  the  King,  to  know 
when  his  Majefty  would  be  plea  fed  to  admit  their 
Houfe  to  deliver  the  Declaration  unto  him ;  who, 
foon  returning,  his  Grace  faid,  '.  That  this  was  fo 
welcomca  Thing  to  his  Majefty,  that  he  had  ap- 
pointed the  Lords  to  come  prefently.'    Which,  we 

fup. 

4./}  SccAe  fccoQd  ?9X9iffi^hQfthQ  Pitition  of  Ri£^kf,  p.  147* 


!  144    Ths 'TailiameNtary HisroKT 

An.  4.cii«jeii.  fuppofe  was  done;  bul  nothing  more  is  enicred  in 
161S.        the  Jcurnah  about  it. 

The  next  Day  (Mtiy  27.)  The  Commons  fent 
[  a  Meflage  to  the  Lords,  by  Sir  Edward  Coke,  and 

>  others,  'Torenderihemtheir  mod  hearty  Thanks, 

I  for  their  noble  and  happy  Concurrence  with  them 

all  this  Parliament:  And  they  acknowledged  that 
their  Lordlhips  had  not  only  dealt  nobly  with  them 
in  Words,  but  alfo  in  Deeds.'  i 

*  That  this  Petitidn,  which  ihey  were  now  to  de- 
liver, contained  the  true  Liberties  of  the  Subjects  of 
England,  and  a  true  Expofition  of  \\\G.Great  Chat- 
ter ;  not  great  for  the  Words  thereof,  bat  in  re- 
fpe£tof  the  Weight  of  the  Matier  contained  there- 
in, the  Liberties  of  the  People:  That  their  Lord- 
{hips  concurririg  with  the  Commons,  had  crown'd 
the  Work  j  and  therefore  they  doLibled  not,  but  as 
the  firft  Parliament  of  King  Jamts  was  called  felix 
Parllamentumt  io  this  might  be  juftly  ftiled  Parlia- 
mentum  benedi£fum.  Sir  Edward  concluded  with 
the  humble  Defireof  the  Commons,  that  the  Lords 
would  join  with  them  to  befeech  his  Majefly,  for 
the  more  Strength  of  this  Petition,  and  the  Com- 
fort of  his  loving  Subjefls,  to  give  a  gracious  An- 
fwer  to  the  fame  in  full  Parliament,'  This  faid, 
he  delivered  the  Petttkn  of  Right,  fairly  engrofled  ; 
and  then  they  withdrew  into  the  Palmed  Chamber. 

The  Petiticn  was  read  once,  and  afterwards,  the 
Mellengers  being  called  in  again,  the  Lord  Keeper 
told  them,  '  That  the  Lords  had  taken  ilieir  Mef- 
TTie Petition  cf  fage  Into  Confiderstion  ;  and,  as  they  had  concur- 
V^bo^ih  Houfes?  '^^  '"  ^^^  Subftance,  fo  iikewife  they  defired  to  do 
in  Circumftance;  But,  becaufe  they  think  it  will 
be  fomewhat  long  to  debate  the  Manner  of  deliver- 
ing this  Petition  to  the  King ;  and  the  laft,  Defire  of 
the  Commons  was  to  avoid  all  Delays,  they  faid 
they  would  fend  to  them  by  Meifengers  of  their 
own.'  And,  the  fame  Day,  the  Lords  fent  to  ac- 
quaint the  other  Houfe,  That  they  had  read  the 
Petiiisn  three  Times,  and  iiad  voted  it  with  one 
unanimous  Confent. 

Mej 


« 


I 


Of  E  NG  L<A  N  D.     145 

May  18.  The  Lords  fent  a  Dq)utation  of  foqieAo.  4^Ch%^i. 

f  their  Members  to  wait  upon  the  King,  to  know  '* 

^he  Time  when  hb  Majefty  would  pleafe  to  be 

^waited  on  by  both  Houfes,  with  their  Petition  i 

^vho  appointed  Three  of  the  Qock  that  Afternoon 

for  that  Purpofe.    Then  it  was  agreed.  That  thi 

lx)rd  Keeper  fliould  only  fiiy,  on  the  Delivery, 

*  That  he  was  commanded,  by  one  unanimous 
Confent  of  both  Houfcs  of  Parliament,  now  aflem- 
bled,  to  prefent  unto  his  Majefty  an  humble  Peti- 
tion of  Right ;  that  he  was  not  to  trouble  him  with 
any  additional  Preface,  but  only  defire  Leave  to 
read  it :  And  that  it  was  alfo  the  Defire  of  both 
Houfes,  in  refpcd  of  the  great  Weight  of  the  Bu- 
finefe,  for  the  ftrengthning  of  it,  and  for  the  more 
Comfort  of  his  loving  People,  that  his  Majefty 
would  pleafe  to  give  his  Affent  in  full  Parliament.' 

May  29.  This  Day  the  Lord  Keeper  acquainted  Aad  delivered  to 
the  Lords  with  the  Delivery  of  the  Petition  to  the^^  ^»»« 
King ;  and  alfo  reported  a  Mefilige  to  them,  from 
his  Majefty,  to  this  Effedt :  *  That  the  King,  ha- 

*  ving  now  received  the  Petition  of  both  Houfes, 

*  had  commanded  him  to  fignify  to  the  Lords,  that 

<  he  had  refolved  to  give  an  Aafwer  thereto  with 

<  Speed,  having  af  Defire  to  iinifh  this  Seffion  as  foon 

<  as  might  be  :  Therefore  it  was  the  King's  Plca- 

<  fure  to  have  no  Recels  at  fFhitfuntidey  but  to  fit 
«  on  and  difpatch  Bafinefs ;  which  he  thought  to 

<  tell  them  now,  before  any  were  gone  Li  Expec- 

<  tation  of  a  Recels. ' 

June  2.  The  King  came  to  the  Houfe  of  Lord?, 
and,  being  feated  on  the  Throne,  the  Commons  at'* 
tending,  his  Majefty  made  the  following  {hort 
Speech  to  both  Houfes. 

Gentlemen, 

Am  come  hither  to  peiform  my  Promife  (g).  I  think  His  Majefty's 
no  Man  can  think  it  long^  fince  I  have  not  /<iyf,v;Sp<wchupon  ih»i^ 
fi  many  Days  in  anfwering  the  Petition,  as  ye  havg^^^^^^' 
Vol.  Vlfl.  K  jpe:^ 

(g)  In  Rufrworth  it  w  called  D»f       Xhert-  ar«  fevciai  c€b«r 


/ 


146   The  'Tarlhnnentary  History 

A.Jpent  IVeeki  in  framing  it :  And  1  am  come  hither  is 
jbew  you,  that,  as  well  in  farmal  Thi'igs  as  ejfential, 
I  dijire  to  give  you  as  wach  Content  as  in  ine  lies. 

After  this  the  Lord  Keeper  fpake  as  followeth  : 
My  Lords,  and  ye  the  Knightj^Citizens^  and  Bur- 
gejfes  of  the  Hsufe  of  Commins, 

HIS  Majefty  haih  commanded  me  to  (ay  uii- 
lo  you,  that  he  takes  in  good  Part,  that  in 
conlidering  how  to  fettle  your  own  Liberties,  yc 
have  generally  profefled  in  both  Houfes,  that  ye 
h.iwe  no  Intention  10  lellen  crdiminiDi  his  Ma- 
jefty's  Prerc^ative ;  wherein  as  you  have  declared 
and  cleared  yourown  Intentions,  fo  now  his  Ma- 
Jefty  comes  to  clear  his;  and  to  ftrike  a  fifjn 
League  with  his  People,  which  U  then  moll 
likely  10  be  conftant  and  perpetual,  when  the 
Condilions  are  equal,  and  known  to  be  fo. 
'  Thefe  cannot  be  in  a  more  happy  Eflate,  than 
when  your  Liberties  fiiall  be  an  Ornatnert  and  a 
Strength  to  his  Majefty's  Prerogative,  and  his  Pre- 
rogative a  Defence  of  yout  Liberties;  in  which 
his  Majefty  doubts  not,  but  both  he  and  you  {h'lill 
lake  a  mutual  Comfort  hereafter  ;  and,  tor  his 
Part,  he  is  refolved  to  give  an  Example,  and  lb 
to  ufe  his  Power,  that,  hereafter,  ye  fhall  have 
no  Caufc  to  comfjlain. 

'  This  is  the  Sum  of  that  which  I  am  to  fjy  to 
you  from  his  M.ijcfty  :  And  that  which  farther 
remains,  is,  thit  you  he.ir  your  own  Pctiiion 
read,  and  his  Majefty's  gracious  Anfwcr.' 

f  The  Petition  exhbited   to  his  Majesty   by 

the  Lords  Spiritual  and  Temporal,  and 

Commons  in  this  prefent  Parliament  aHembled, 

concerning  divers   Rights    and   Liberties 

of  the   Subject,    with  the    King's  Royal 

Answer  thereunto  in  full  Parliament. 

To  the  King's  Moft  Excellent  Majesty. 

TJUmbly  fhew  unte  our  Severeigfi  Lor^  the  ^i'lg, 

*3  the  Lords  Spiritual  and  lemporal,  and  Com- 

n.oiis,   in  Parliament  aO'embltd,  ihot  whereas  it  is 


Of    ENGLAND.    .147 

Declared  and  EnaSfedj  by  a  StatuU  made  in  /A^An.  4.  Charles  i. 
Reign  of  King  Edward  I.  cornmsftfy  called  SMMtum       '^iS* 
de  Tallagio  non  concedendo,  That  no  Tallage  or  Aid 
J})all  be  laid  or  levied^  by  the  King  or  his  Heirs ^  in  this 
Realm  ^  without  the  Good- will  and  Affent  of  the  Arch^ 
bijhops^  BiJbopSj  EarlSy  Barons^  Knights^  Burgeffes^ 
and  other  the  Freemen  of  the  Commonalty  of  this 
Realm :  And  by  Authority  of  Parliament^  holden  in 
the  z$th  Tear  of  King  Edw.  III.  //  //  Declared  and 
Ena^edy  That  from  thenceforth  no  Perfon  Jhall  be 
compelled  to  make  any  Loans  to  the  King  againfl  his 
Willy  becaufe  fuch  Loans  were  againji  Reafon  and      > 
the  FrancUfes  of  the  Land.     And^  by  other  Laws  of 
this  Realm^  it  is  provided^  That  none  Jhould  be  char- 
ged^ by  any  Charge  or  Impofition  called  a  Benevolence, 
nor  by  fuch  like  Charge ;  by  which  the  Statutes  before- 
mentioned^  and  the  other  the  good  Laws  and  Statutes 
of  this  Realm  ^  your  SubjeSfs  have  inherited  this  Free* 
domy  That  theyjhould  not  be  compelled  to  contribute  ta 
any  TaXy  Tallage^  Atd^  or  other  like  Charge^  not  fet  '         1 

by  common  Conjent  in  Parliament : 

Tet  neverthelefsy  of  late^  divers  Commijfioniy  direSf' 
ed  to  jundry  Commiffioners  in  fever al  Counties^  with 
InJlrudlionSyhave  ijfhed^  by  [Pretext]  Means  whereof 
your  People  have  been  in  divers  Places  ajfembled^  and 
required  to  lend  certain  Sums  of  Money  unto  your 
Majefty^  and  many  of  them^  upon  their  Refufal  fo  to 
doy  have  had  an  [unlawful]  Oath  adminijlred  unto 
them^  not  warrantable  by  the  Laws  and  Statutes  of  this 
Realmy  and  have  been  conjlrained  to  become  bound  to 
make  Appearance^  and  give  Attendance  before  your 
Privy  Council^  and  in  other  Places  y  ana  others  of 
them  have  therefore  been  imprijonedy  confined^  and 
fundry  other  Ways  mokjled  and  dijquieted :  And  di- 
vers other  Charges  have  been  laid  atid  levied  upon  your 
People^  in  feveral  Counties^  by  Lords  Lieutenants^ 
Deputy  Lieutenants^  Commiffioners  for  Mufiersy  Ju^ 
Jfices  of  Peace ^  and  others^  by  Command  or  Direhion 
from  your  Majefly^  or  your  Privy  Council^  againji  the 
Laws  and  free  Cujloms  of  this  Realm  (h), 

K  2  And 

ft)  Tl;e  Words,  in  Crotchtts,  were  altered  by  the  Lords,     Sctr 
%^of,  p.  uCx. 


1 48    Tl^e  Parliamentary  Hi  s  T  o  n  y 

Ao.  4.  Charts  1 .  And  whiTici  olfi^  by  the  Statute  called^  The  great 
i^s.  Charier  of  the  Liberties  of  Englandy  it  is  Declared 
and  Ena^iedy  That  no  Freeman  mof  be  taken  or  im-^ 
prifonedy  or  be  dij/eized  of  bis  Freeholds  or  Liberties^ 
or  his  free  Cujtomsy  or  be  outlawed  or  exiled^  or  in 
any  Manner  dejlroyed^  but  bf  the  lawful  Judgment 
of  his  Peers^  or  by  the  Law  of  the  Land{t): 

And  in  the  28/i  Year  of  the  Reign  of  King  Ed- 
ward III.  //  was  Declared  and  Enafted  by  Autbo^ 
rty  of  Parliament^  ^at'no  Man^  of  \obat  EJlati 
or  Condition  that  he  be,  fbould  be  put  out  of  his  Landk 
or  ^enementSj  nor  taken^  nor  imprifoned^  nor  dijberi-; 
ted^  nor  put  to  Deaths  without  being  brought  to  aii» 
fwer  by  due  Procefs  of  Law : 

NeverthelefSy  aga^nfi  the  Tenor  of  the  faid  Sta* 
tutiSy  and  ether  the  good  Laws  and  Statutes  of  your 
Realm^  to  that  Endprovided{Jk)y  divers  ofyourSubje^s 
have  of  late  been  impri fined ^  without  any  Caufefhew'^ 
ed\  and  when^  for  their  Deliverance^  they  were 
brought  before  your  Jufices^  by  your  Mcqefty\s  Writs 
of  Habeas  Corpus,  there  to  undergo  afld  receive  at 
the  Court  fjould  order ^  and  their  Keepers  commanded 
to  certify  tie  Caufes  of  their  Detainer^  no  Caufe 
%uas  certified^  but  that  they  were  detained  by  your 
Majejlfs  fjiecial  Command^  fignifiedby  Ae  Lords  rf 
ycur  Privy  Council;  and  yet  were  returned  back  toje- 
vera!  Pi  ifons^  without  being  charged  with  any  Things 
to  ivhich  they  might  make  Anfwer  by  due  Procefs  of 
Law, 

And  whereas  of  late^  great  Companies  of  Soldiers 
and  Mariners  have  been  difperfed  into  divers  Counties 
if  the  Reahn^  and  the  Inhabitants ^  againf  tbeirPf^ils^ 
lave  been  compelled  to  receive  them  into  their  HoufeSy 
and  there  to  fuffer  them  to  fojourn^  againfi  the  Laws 
and  Cujloms  of  this  Realm^  and  to  the  great  Grie» 
yame  and  Vexation  of  the  People : 

And  whereas,  alfoj  by  Authority  of  Parliament ,, 
in  the  twenty 'ffth  Tear  of  the  Reign  of  King  Ed- 
ward J II.  /'/  is  declared  and  ena^ed^  That  no  Mitn 
Jhall  be  fore -judged  of  Life  or  Limb  againfi  the  Form 

(i)  9.  Henry  ML  .Cap,,  %^» 

(kj  37.  Eutuard  Hi.  Cap.  18.-38.  Cap,  9«*-^42.  Cap,  J. 
-»— 17.  Richard  li»  C#/,  6» 


0/  E  N  G  L  A  N  D.     145? 

ifthi  Gnat  Cbariir,  and  other  ihi  Laws  and  Sta-  An.  4  Chniei  i. 
tut€S  tfihk  Realm :  And  by  tbefaid  Great  Charter^  '^*^* 
and  other  the  Laws  and  Statutes  of  this  your  Realm^ 
no  Man  ought  to  be  adjudged  to  I>eathy  but  by  the 
Laws  eftaHiJhid  in  this  your  Realrn^  either  bf  the 
Xiujioms  of  the  fame  Realm^  or  by  ASfs  of  Parlia* 
ment  (/);  And^  whereas <»  no  Ojffender  of  what  Kind 
fiever^  is  exempted  from  the  Proceedings  to  be  ufed^  and 
Punijhments  to  be  inflicted  by  the  Laws  and  Statutes 
of  this  your  Realm :  NeverthelefSy  ef  latey  divers 
Commiffionsy  under  your  Majejlfs  Great  Seai^  have 
iffiied  forthy  by  wMch^  certain  Perfons  have  been  af- 
Jigned  and  appointed  CommiJJioners  with  Power  and 
Authority  to  proceed^  within  the  Land^  according  to 
the  yujlice  of  Martial  Law  againjl  fiich  Soldiers  and 
Mariners^  or  other  diffilute  Perfons  joining  with  tkem^ 
as Jhould  commit  any  Murder y  Robbery ^  Felony,  Mu- 
tinyj  or  other  Outrage  or  Mi/demean^  whatfoever ; 
and  byfuch  fiimmary  Courfe  and  Order ^  as  is  agree- 
able to  Martial  Ijiw^  and  is  ufed  in  Armies  in  Time 
rfWar^  tb  proceed  to  the  Trial  and  Condemnation  of 
filch  Offender Sy  and  them  to  caufe  to  be  executed  and 
put  to  Death,  according  to  the  Martial  Law : 

^y  Pretext  whereof  fome  of  your  Majeflfs  Sub- 
je^s  have  been^  by  fome  oftbefaid  Commifjioners^put 
to  Death ;  when  and  where ^  if  by  the  Laws  and  Sta- 
tutes  of  the  Land  they  had  deferved  Deatby  by  the 
Jame  Laws  and  Statutes  alfo  they  mighty  and  by  no 
other  ought  to  have  been  adjudged  and  executed : 

Andy  alfoj  fundry  grievous  Offenders  by  Colour 
thereof y  claiming  an  Exemptimy  have  cfcaped  the 
Punijhment  due  to  them  by  the  Laws  and  Statutes  of 
this  your  Realmy  by  Reafon  that  divers  of  your  On- 
cers and  Minifters  ofjufiice  have  unjuffly  refufedy 
orftrborn  to  proceed  againjl  Juch  Offenders  y  according 
to  the  fame  Laws  arid  Statutes^  upon  Pretence  that 
the  faid  Offenders  were  puni/habl'e  only  by  A^artial 
Law,  and  by  Authority  of  Juch  Commifftons  as  afore- 
Jfid ;  which  CGmmiffions^  and  all  others  of  liKe  Na^ 
ture,  are  wholly  anadii  ei^Jy  conirary  to  thefiid  Laws 
and  Statutes  of  this  your  Realm : 

K3  r% 

(I)  %$,  Edvfdrd  III.  Cap.  4. — »8.  Cn^.  y 


? 

4 


^^  ijo    TyjeTarJiameutaryHisroKT    ^ 

An.  4.  Ch>rltt  t.  2*^0'  ^'  tbirt/ore,  humbly,  pray  your  weft  txcel- 
i6j!.  Unt  Majefty,  That  no  Man  hereafter  hi  {ompilled  to 
moke,  sr  yield,  any  Gift,  Lean,  BenevoUnce,  Tax, 
er  fiiih  Hie  Charge,  without  csmmsn  Csnfenl  by  Ad 
ef  Parliament ;  and  that  none  be  called  to  mate  An- 
finer,  BT  take  pih  Oath,  er  te  givs  Attendance,  or 
be  confined^  or  ciherwije  molejiid  er  difquieted  eencem- 

Iing  the  fane,  or  Jot  Refufal  iheresf:  And  that  m 
Freeman,  in  any  fucb  Manner  as  is  before-mentiontd, 
he  iniprifined  or  detained :  And  that  your  Majejfy  will 
be  pkafed  to  remove  the  faid  Soldiers  and  Miiriners-i 
and  that  your  People  may  not  befo  burdened  in  Time 
to  come:  And  that  the  aforefatd  Commtjfions  fur  prO' 
teeding  by  Martial  Law,  may  be  revoked  and  annul- 
led; andthat  hereafter  no  CommiJJieni  of  like  Nature 
may  ijjue  forth  to  any  Perfsn  or  Perfins  wbatfoever, 
to  be  exicutedas  aforefaid,  left,  ^  Colour  of  them,  any 

■  efyour  Majefiy's  Su^eils  be  deflmyed  or  put  to  Death, 

contrary  to  the  Laws  and  Franchffe  of  the  Land. 
All  which  they  moft  humbly  pi  ay  of  your  tno/l  excel- 
lent Majejiy,  as  their  Rights  and  Liberties,  accord- 
ing to  the  Laws  and  Statutes  of  this  Realm  :  Andthat 
your  Majejiy  tvculd  alia  vouchjafe  to  declare.  That  the 
Awards,  Doings  and  Proceedings,  to  the  Prejudice 
of  your  Peiple,  in  any  of  the  Premijfes,  Jhall  not  be 
drawn  hereafter  into  Cmfequence  or  Example :  And 
that  your  Majefty  would  be  alfo,  graiioujly,  plisfed, 
for  the  further  Comfort  and  Safety  of  your  People,  to 
declare  your  Royal  If^ill  and  Pleofure,  that,  in  the 
Things  aforefaid,  all  your  Officers  and  Mlniften 
[baltfcrve  you,  according  to  the  Laws  and  Statutes  of 
this  Realm,  as  they  tender  the  Hniiour  of  your  Ma- 
jejiy, and  the  Projperjty  of  this  Kingdom. 

Which  Petition  being  read,  June  x,   1628,  [be 
Kir.g's  Anfwer  was  thus  delivered  unio  ir. 

^.  7he  King  wilierh,  that  Right  be  done  according  to 
the  Laws  and  diftoms  of  the  Realm ;  and  thai  tie 
Statutes  lie  put  in  due  Execution^  that  his  Sufj/ils  may 
huvt  no  Caiifi  to  complain  of  any  Wrong  or  OppreJ/mis^ 
(iiargrt  to  ihiir  Jujl  Rights  and  Liberties,  to  the  Pr^. 
fervattat ' 


i 


0/    E  N  G  L  A  N  D.       iji 

Jervatien  whereof j  he  holds  himfelfj  in  Confcience^  tfjAn.4.charitti. 
well  obliged^  as  of  his  own  Prerogative,  '^*^* 

• 

Before  we  proceed  to  give  an  Account  how  the 
Commons  reliflied  the  King's  Anfwer  to  their  Peti- 
tion  of  Sights  it  is  neceffary,  here,  to  infert  an  Af- 
fair, which  happened  about  this  Time  ;  and  which 
proved  of  fome  Confequence  in  the  Sequel. 

June  3,  Mr.  Roufe^  a  Member  of  the  Houfe  of 
Commons,  brought  in  a  Charge,  to  that  Houfe, 
againft  one  Dr.  Roger  Manwaringy  which  fome 
Days  after  was  feconded  with  a  Declaration,  which 
he  delivered  in  this  Manner  {m). 

Mr,  Speaker^ 

I  Am  to  deliver,  from  the  Committee,  a  Charge  Mr.  Rouftr's 
againft  Mr.  Manwaring^  a  Preacher  and  Doc-  Charge  againft 
tor  of  Divinity ;  but  a  Man  fo  criminous,  that  he^''*  ^^»»wanng. 
hath  turned  his  Titles  into  Accufation;  for  the  bet- 
ter they  are,  the  worfe  is  he  that  dilhonours  them. 

*  Here  is  a  great  Charge  that  lies  upon  him,  it 
is  great  in  itfelf,  and  great  becaufe  it  hath  many 
great  Charges  in  it ;  Serpens  qui  Serpentem  devorat 
fit  Brace ;  his  Charge,  having  digefted  many  Charges 
into  it,  becomes  a  Monftei  of  Charges. 

*  The  main  and  great  one  is  this :  A  Plot  and 
Praftice,  to  alter  and  fubvert  the  Frame  and  Fa- 
brick  of  this  Eflate  and  Common- Wealth. 

*  This  is  the  great  one,  and  it  hath  others  in  it 
that  give'it  more  Weight.     To  this  End, 

*  I.  He  labours  to  infufe  ipto  the  Confcience  of 
his  Majefty,  the  Perfuafion  of  a  Power  not  bound- 
ing' itfelf  with  Laws,  which  King  James  of  fa- 
mous Memory,  calls,  in  his  Speech  to  the  Parlia- 
ment, Tyranny,  yea.  Tyranny  accompanied  with 
Perjury. 

'  II.  He  endeavours  to  pcrfuade  the  Confcience 
of  the  Subjects,  that  they  are  bound  to  obey  Com- 
mands illegal  J  yea,  he  damns  them  for  not  obey- 
ing them. 

*  III. 

(«r)  From  Sir  John  Nafier^%  Manuscript,  the  Copy  in  Rufinv^rib 
bt'mg  very  im^erfeft  and  mcorredtt 


iji    Tbe^artiamcntatyHi%rot.\ 

I,    *  III.  He  robs  the  Subjefts  of  the  Property  of 

ihcir  Goods. 

'  IV.  He  brands  them  that  will  notlofe  this  Pro- 
perty, with  moft  fcandalous  Speech  and  odious  Ti- 
tles; to  make  them  both  hateful  to  Prince  and  Peo-i 
pie ;  fo  to  fet  a  Divifion  between  the  Head  and  tl 
Members,  and  between  the  Members  themfelve«« 

*  V.  To  the  fame  End,  rot  much  unlike  to} 
Faux  and  his  Fellows,  he  (eeks  to  blow  up  Parliibr: 
mcnts  and  Parliamentary  Powers. 

'  Thefe  five,  being  duly  viewed,  will  appear 
ije  fo  many  Charges  i  and  they  make  up,  altoge^j 
ther,  the  great  and  miin  Charge;  a  miichicvoip 
Plot  to  alter  and  fubvert  the  Frame  and  Govevaf] 
meni  of  this  State  and  Common- Wealth. 

'  And  now,  though  you  may  be  ilire,  that  M| 
Manwaring  jeaves  us  no  Property  in  our  Goods 
yet,  that  he  hath  an  ablolute  Property  in  this  Chai 

jhidile  ipfam  Beiluam Hear  himfeif  making 

his  o+'n  Charge.' 

Here  Mr.  Rp^  read  feverai  Paflages  out  of  his 
Book,  and  then  proceeded,  '  You  have  heard  his 
Charge  made  up  by  his  own  Words,  and  with.il  \ 
doubt  not  but  you  feem  to  hear  the  Voice  of  that 
wicked  one,  ^iddabiiis?  What  will  you  give  ir 
and  I  will  betray  this  State,  Kingdom)  and  Co| 
mon- Wealth? 

'  But  there  are  two  Ohfervaiions  (I  m^ht  add 
■  third,  which  is  like  unto  A  thne-fsld  Ccrd  which 
catinat  eafily  he  hreitn)  will  draw  the  Charge  more 
violently  upon  him. 

'  The  firftijof  the  Time  when  this  DoflrJneof 
Dcftruflion  W3s  fet  forth  ;  ii  was  preached  in  the 
Heat  of  the  Loan,  and  of  ihofe  Imprifonments 
which  accompanied  the  Loan;  and  it  was  printed 
In  the  Rcginning  of  that  Term,  which  ended  in  a 
Semiltilur :  So  that  you  might  guels  there  might  be 
a  double  Plot,  both  by  Law  anri  Confcience,  lo  fcC 
on  Fire  the  Frame  and  Eftate  of  this  Common- 
wealth: Andoneof  ihefoentaled  Foxes  was  Mr. 
JUanw/iriiig. 

'  Anoi 


1 


hat  _ 


0/    E  N  G  t.  A  N  D.      iss  Tl 

'  Another  Note  may  be  taken  of  the  Time,  thatAo-t-c*****- 
U,  the  Unleafonablenefsof  it;  for  this  Doarineof  '**'" 
the  Loan,  in  cafe  of  NeceiEt/j  was  the  Year  after 
an  Affent,  in  Parliament,  to  Feur  Subfidm  and 
Three  Bfteetii ;  which  might  have  fcrved  for  a  fuf- 
ficient  Stopple  for  the  Do6tor's  Mouth,  to  keep  in 
his  Doflrine  of  Neceffity. 

'  A  fecond  Obfervaiion  may  be  of  the  Means,  by   . 
which  he  feeks  to  deftroy  ihisCommon-WeaUhi 
his  Means  are  Divinity,   yea,  by  his  Divinity,  he_; 
would  deftroy  both  King  and  Kingdom. 

'  I.  The  King:  For  can  there  be  a  greater 
Mifchief  to  a  Prince,  than  to  put  the  Opinion  of,  I 
Deity  into  his  Ears  ?  For,  if  from  his  Ears  it  (hould  ^ 
pais  to  his  Heart,  it  might  be  mortal ;  You  know 
how  Herod  perifhed.  Now  this  Man  gives  a  Par-  J 
ticipation  of  divine  Omnipotence  to  Kings  j  and-  . 
though  a  Part  may  feem  to  qualify,  yet  all  doth  n 
feem  again  to  fill  up  that  Qualification  ;  and  vcrj;  \ 
dangeroufly,  if  we  remember  what  God  faith  of  \ 
himfelf,  /  am  ajeahus  Gsd. 

*  II.  He  goes  about  to  deftroy  the  Kingdom  and  ,5 
Common-Wealthby  his  Divinity;  butdo  wecvcy,! 
find  in  Scripture  fuch  a  deftroying  Divinity  ?  Surely, 
I  find  there.  That  God  is  a  God  of  Order,  and  nrf 
of  Confufion :  And  that  The  Son  of  Gad  came  tsfavty 
andmt  to  dejlray.  By  which  it  feems  he  hath  not 
his  Divinity  from  God,  nor  from  the  Son  of  God: 
But,  from  the  Scriptures,  I  find  there  is  one  in  Hell 
called  /*/  Dfjirnyer.  And  th^t  we  may  know  he 
went  to  Hell  for  his  Divinity,  he  names  fundry  Je- 
luits  and  Frjars,  with  whom  he  confulted  anJ  It;ided 
for  his  Divinity.  But,  not  to  bcly  even  Hell  itfelf, 
the  Jefuits  are  honefter  than  he;  foi'  it  he  \\\i\ 
not  brought  more  Hell  unto  them  than  he  found  in 
them,  he  had  never  found  this  Divinity  which  he 
hath  brought  forth ;  yea,  in  his  Quotatioa'i  he  haih 
ufed  Ihofe  Shifts  and  Fainioods,  for  which  Boys  are 
wliipt  in  Schools,  and  yet  by  them  he  ihinki  lo  car- 
ry the  Caufe  of  a  Kingdom. 

'  But,  for  a  Conclulion,  to  give  the  true  Cha- 
racter of  this  Man,  whom  I  never  faw,  I  wit!  fiiew 


I  j4    7be  Tarliame^t^ry  Hi  s  t  o  r  y 

'a*. f.  CVte  J.  't  yoiJ  f'y  one  whom  1  know  to  be  contrary  to  him : 
i'mT  -  Samuel  we  know  al[  to  be  a  true  Prophet ;  now  we 
read  of  Samuel,  Thai  he  writ  the  Law  of  the  King- 
dom  in  a  Busk,  and  laid  it  up  isfore  the  Lord,  And 
this  he  did,  as  one  of  Mr.  Ma/iwariiig's  own  Au- 
thors affirms,  that  the  King  may  know  what  to 
command,  and  the  People  what  to  obey:  But  Mr. 
Manwaririg,  finding  the  Law  of  this  Kingdom 
written  in  Books,  tears  it  in  pieces,  and  that  in  the 
Prefence  of  the  Lord  in  a  Pulpit;  that  the  King 

^^_  may  not  know  what  to  command,  nor  the  People , 

^^^L  what  to  obey. 

^^^^  '  Thus  Mr.  Miinw3ring,  being  contrary  to  a 

^^^  true  Prophet,  muft  needs  be  a  fille  one;  and  th^ 

Judgment  of  a  falfe  Prophet  belongs  to  him.' 

'  I  have  (hewed  you  an  evil  Tree,  [hat  bringeth  : 
forth  evil  Fruit ;  and  now  it  refts  with  you  to  de- 
lci;mine,  whether  the  following  Sentence  flial!  fol-. 
ioiv,  Cut  it  down,  andia^  ii  into  the  Fire.' 

Mr,  Sauderfin  (ri)  informs  us,    That  this  Dr. 
■^  Motiwaring  preached  two  bold  Sermons,  one  be- ' 

fore  the  King,  and  the  oiher  at  his  Parifh  Church.'^ 
In  the  firfi  he  aflerted,  '  That  the  King's  Roynl! 
I  ■  Command,  impoling  Taxes  and  Loans,  wiihout, 

I  Confent  of  Parliament,  did  fo  far  hind  iheConrdence 

of  the  Subjefls  of  this  Kingdom,  that  they  could 
not  refufe  the  Payment  wiihout  Peril  of  Damnati-. 
on.'    The  other  was  on  this  Topic,  '  That  the 
Authority  of  Parliament  was  not  necefl'ary  for  the '' 
raifing  jfidi  and  Subftdiei.'    This  Author  adds.  He  ,' 
well  remembers  ^hat  the  King  faid  when  he  was  ' 
afterwards  cenfured  for  it ;  He  that  will  preach  more  * 
than  he  {tn  prove,  let  lAm  ffffer  fsr  it  ;  I  give  him  ' 
no  Thanks  for  giving  me  my  Due.    So  that  this  be-  ' 
ing,  entirely,  the  Bufinefe  of  Parliament,  he  was") 
left,  both  by  the  King  and  Church,  to  their  Sen- 
tence; which  will  follow  in  tjie  Sequel. 

Mr.  Ri^/hwonh  itWiMS,  That  on  Ihesd  oijurie 

the  King's  Anfwer  lo  ihe  Pililicn  if  Sight, '^i& 

read 

(■)  Sa'^irfin's  life  q(  King  Ctgrliii.  p.  115. 


Of   ENGLAND.      15^ 

read  in  the  Houfe  of  Commons,  and  feemed  tooAn.4.Chiriiii; 
fcant,  iti  regard  ^to  fo  much  Expcncc  of  Time  and       i6»S. 
Labour,  as  bad  been  employed  in  contriving  if 
And,  that  thereupon.  Sir  John  Eliot  ftood  up,  andTheKinysAa*. 
made  a  long  Speech,  wherein  he  gave  forth  fo  f"llt^*^Vof  RidT** 
and  jively  a  Reprefentation  of  all  Grievances,  both  not  agweabkto 
general  and  particular,  as  if  they  had  never  before  the  Commons; 

b^n  mentioned. There  is  only  a  (hort  Abftraft 

of  it  in  the  Colle^fionSy  but  the  following  Copy  of 
it  at  large,  is  taken  from  Sir  John  Napier^s  Ma- 
nufcript  {o). 

Mr.  Speaker^ 

WE  ill  here  as  the  great  Council  of  the  wherf np<m  sir 
King;  and,  m  that  Capacity,   it  is  our  John  EUiot  re- 
Duty  to  take  into  Confideration  the  State  and  Af-  "PJt^i^tM  all 
fairs  of  the  Kingdom ;  and,  where  there  is  Qcca-     ''^"'^'^• 
fion,   to  give  them  a  true  Reprefentation  by  way 
of  Counfel  and  Advice,  with  what  we  conceive 
neceflary  or  expedient  for  them, 

^  In  this  Confideration,  I  confefs,  many  a  ikd 
Thought  hath  affrighted  me ;  and  that  not  only  in 
refpeflt  of  our  Dangers  from  abroad,  which  yet  I 
know  are  great,  as  they  have  been  often  in  this 
Place  jp^eft  and  dilated  to  us,  but  in  refpedt  of  our 
Diforders  here  at  home,  which  do  inforce  thofe 
Dangers,  and  by  which  they  are  occaiioned :  For, 
I-belieye,  I  fnall  make  it  clear  unto  you,  that  both, 
at  firftj  the  Caufe  of  thefe  Dangers  were  our  Dis- 
orders, and  our  Diforders  now  are  yet  our  greatefl; 
Dangers ;  and  not  fo  much  the  Potency  of  our  E- 
nemies,  as  the  Weaknefs  of  ourfelves  do  threaten 
U5i  and  that  Saying  of  the  Father  may  be  affumed 
by  U3,  Non  tarn  Potentia  fua  quam  Negligentia  no- 
Jira*,  pur  Want  of  true  Devotion  to  Heaven, 
ouclnfinccrity  and  Doubling  in  Religion,  our  Want 
of  Oofuncils,  our  precipitate  Aftions,  the  InfufBcien- 
cy  orUnfaithfulnefs  of  our  Generals  abroad,  the 
Ignorance  or  Corruptions  of  our  Minifters  at  home, 
the  Impoverilhing  of  the  Sovereign,  the  Opprefli- 

bn 

(0}  There  it  alfo  an  incorre^^  Copy  ui  tbe  Epbemerii  ParlUmm* 


1.55    The 'Parliamentary  H1STOS.T 

AB.4-Ci>ar]eii.on  and  DeprefTion  of  the  Subjefl,    the  exhaufting 
161!,        of  our  TreaTvireB,  the  Wafte  of  our   Provifions, 
Confumption  of  outShips,  Deftmftioii  of  our  Men. 
^^2f  — Tbeic  make  the  Advantage  to  our  Enemies,  rot 

I^HK  The  Reputaiion  of  their  Arms.     And  if  in'thefe 

^^^^  there  be  rot  Reformation,  wc  need  no  Foes  abroad} 

^^  Time  itCelf  will  tuin  us.'  . 

'  To  fbcw  this  more  fullv,  I  believe,  you  will  4 
all  hold  it  neccflaty,  that  they  fecm  not  an  Afperi-l 
(ion  on  the  Slate,   or  Impuiaiion  on  the  Govern-  ' 
meni,  as  I  have  known  fach  Motions  mifinterpre- 
ted ;  but  far  is  thb  from  me  lo  propofe.  who  have 
none  but  clear  Thoughts  of  the  Excellency  of  the  ■ 
King,   nor  can  have  other  Ends  but  the  Advance- 
ment of  hi?  Majefty's  Glory  :— nhalldefire  a  little 
of  your  Patience  extraordinary  lo  open  the  Parti- 
culars; which  I  Oialldo  with  what  Brevity  Imayj 
unl'werable  to  the  Importance  of  the  Caufe  and  the 
Necelfity  now  upon  us ;  yet  with  fuch  Refpedi  and 
Obfervation  to  the  Time,  as  I  hope  it  fhal!  not  be  \ 
'  thought  iroublelbme.' 

I  *  For  the  firft  then,  our  InHncerity  and  Doubling,' 

'  in  Religion  is  the  greateft  and  mod  dangerous  Dif^ 

order  of  all  others ;  this  hath  never  been  unpunifti- 
ed,  and  of  this  we  have  rnany  ftrong  Examples  of " 
all  States,  and  in  ail  Times,  10  awe  us.  What 
Teftimony  doth  it  want?  Will  you  have  Authori-  , 

Ity  of  Books?  Look  on  the  Collections  of  ihffCom- 
mittec  for  Religion,  there  is  loo  clear  an  Evidence. 
See  then  the  Commiflion  procured  for  Compofition 
with  the  Papijis  in  the  North:  Mark  the  Proce^d- 
ir^s  thereupon ;  and  you  will  find  them  to  little  lefs 
amounting  than  a  Toleration  in  efFeft :  The  fiight 
Payments,  and  the  Eafinefs  in  them,  will  tikewife 
Ihew  the  Favour  that  is  intended.  Will  you  have 
Proofs  of  Men,  witnels  the  Hopes,  vritnefs  the 
Prefumptions,  witnefs  the  Reports  of  all  the  Papijis 
generally :  Obferve  the  Difpotitions  of  Command- 
ers, the  Truft  of  Officers,  the  Confidence  in  Sc- 
cfet.-iries  to  Employments  in  this  Kmgdom,  in  lr$- 
land,  and  etfewhere:  Tiiele  all  will  fliew  ii  halh 
too  great  a  Certuiniy  ;  and  to  this  add  but  the  in- 
conira- 


Of    E  N  G  LAND,      ij; 

controvertible  Evidence  of  that  all-powerful  Hand,  An.  4.C!Mrieii, 
which  we  have  felt  fo  forely  that  gave  it  full  A  flu-        ^**?*' 
ranee  y  for  as  the  Heavens  oppofe  themfelves  to  us 
for  our  Impiety,  fo  it  is  we  that  firll  oppofed  the  ^ 
Heavens/ 

*  For  the  fecond,  our  Want  of  Councils,  that 
great  Diforder  in  a  State,  with  which  there' cannot 
be  Stability.  If  Effeflls  may  fhew  their  Caufes,  as 
they  are  often  a  perfeft  Etemonftration  of  them, 
our  Misfortunes,  our  Difafters  ferve  to  prove  it ; 
and  the  Confequences  they  draw  with  them.  If 
Reafon  be  allowed  in  this  dark  Age,  the  Judgraety: 
of  Dependencies  and  Forefight  of  Contingencies  in 
Affairs  do  confirm  it.  For  if  we  view  ourfelves  at 
home,  are  we  in  Strength,  are  we  m  Reputation 
equal  to  our  Anceftors  ?  If  we  view  ourfelves  a- 
broad,  are  our  Friends  as  many ;  are  our  Enemies 
no  more  ?  Do  our  Friends  retain  their  Safety  and 
Poffeffions  ?  Do  not  pur  Enemies  epl^rge  them- 
felves, and  gain  from  them  and  us?  To  what 
Counfel  owe  we  the  Lofs  of  the  Palatinate^  where 
we  facrificed  both  our  Honour,  and  our  Men  fenc 
thither;  ilopping  thofe  greater  Powers  appointed 
for  that  Service,  by  which  it  might  have  been  de- 
fenfible.  What  Counfel  gave  Diredlion  to  the 
late  Aftion,  whofe  Wounds  are  yet  bleeding,  I 
mean  the  Expedition  to  Rhee^  of  which  there  is 
yet  fo  fad  a  Memory  in  all  Men  ?  What  Defign  for 
us,  or  Advantage  to  our  State  could  that  import  ? 
You  know  the  Wifdom  of  our  Anceftors,  and  the 
Practice  of  their  Times,  how  they  prcferved  their 
Safeties.  We  all  know,  and  have  as  much  Caufe 
to  doubt  as  they  had,  the  Greatnefs  and  Ambition 
of  that  Kingdom,  which  the  old  World  could  not 
fatisfy.  Againft  this  Greatnefs  and  Ambition,  wc 
likewife  know  the  Proceedings  of  that  Princefs, 
that  never-to-be-forgotten,  excellent  Qucen,£&tf- 
bethj^  whofe  Name,  without  Admiration,  falls  not 
into  Mention  even  with  her  Enemies.  You  kno\y 
how  {he  advanced  herfelf,  and  how  (he  advanced 
this  Nation  in  Glory  and  in  State ;  how  fhe  depref- 
ied  her  Enemies,  and  how  Ihc  upheld  her  Friends  \ 

how 


I  j8    7 be 'Parliamentary  liisroKY 

«n.4.Chsrie.i.how  flie  enjoyed  a  full  Security,  and  made  thEtn 

1618.       [ben  our  Scorn,  whom  now  are  made  our  Terror ! 

'  Some  of  the  Principles  flie  built  on  were  ihefe; 

^^^   .  and,  if  I  miflake,  let  Rcafon  and  our  Statefmen 

^b^  coniradii^  me. 

^^^K  *  Fird  to  maintain,  in  what  the  might,  an  Uni- 

^^^1  ty  in  Framey  chat  that  Kingdom,    being  at  Peace 

^^H  within  itfelf,  might  be  a  Bulwark  to  ke?p  back  the 

^^^1  Power  of  Spain  by  Land.' 

^^V  '  Next  10  preferve  an  Amity  and  League  be- 

^^^  iween  that  State  and  us,  that  fo  we  might  come  in 

Aid  of  the  Lnv-Ceunlrm,  and  by  that  Means  re- 
ceive their  Ships  and  help  them  by  Sea. 
I  '  This  treble  Cord,  lb  working  between  France^ 

^^^T  rhe  SlaUi,  and  Evgland,  might  enable  us,  as  Occa* 

^|H  lion  Ihould  require,  to  give  Afliflance  unto  others  ^ 

^^P  and,  hs  this  Means,  the  Experience  of  that  Time 

^^^  doth  tal  us  that  we  were  not  only  free  from  thofe  ' 

Fears  that  now  poflefs  and  trouble  us,  but  then  our 
, .  Names  were  fearful  to  our  Enemies.    See  now  what' 

Correfpondency  our  Adiotis  had  with  this;  fquare 
them  by  ihefe  Rules.   It  did  induce,  as  a  neceflary 
,  Confcqiience,   a  Dii'ilion   in  France  between  the 

^  Proieftanis  and  their  King,  of  which  there  is  too 

L^^  woful  and  lamentable  Experience.    It  hath  made 

^^b  an  abfolute  Breach  between  that  State  and  us ;  and 

H^^  lb  entertains  us  againll  Frame,  and  France  in  Pre- 

^^^  paration  againft  us,  that  we  have  nothing  to  pro- 

mife  to  our  Neighbours,  nay  hardly  to  our(elves. 
Nay,  obleive  the  Time,  in  which  it  was  attempt- 
ed, and  youftiall  find  it  notonly  varying  from  thofe 
H  Principles,   but  direflly  contrary  and  oppoiite  ex 

Wj^m  D  ametra  to  ihofc  Ends;  and  fuch,  as  from  the  If- 

^PH  fue  and  Surcefs,  rather  might  be  thought  a  Coa- 

^r^T  ception  of  S^;V;,  than  begotten  here  with  us.' 

Here  there  was  an  Interruption  made  by  Sir 
Humphrey  May  {Chancellor  of  the  Duchy,  and  we 
ef  the  Pi  ivy-  Council}  cxptelling  a  Diflikc,  but  ibe 
Houfe  ordered  Sir  John  EIHh  to  go  on ;  Whete- 
cpon  he  proceeded  thus : 

Mr. 


Of    E  N  G  3L  A  N  D.      ijp 

Mr.  Speaker^  « I  am  forry  for  this  Interruption,  ^n. 4. tfeiri«i, 
but  much  more  forry  if  there  hath  been  Occafion ;  i6i8. 
wherein,  as  I  fliall  fubmit  myfelf  wholly  to  your 
Judgment  to  receive  what  Cenfurc  you  fhould  gi?c 
me,  if  I  have  offended :  So,  in  the  Integrity  of  my 
Inpefltions  and  Clearnefe  of  my  Thoughts,  I  muft 
ftill  retain  this  Confidence,  that  no  Greatnefs  (hall 
deter  me  from  the  Duties  which  I  owe  to  the  Ser- 
vice of  my  King  and  Country ;  but  that  with  a  true 
Englijb  Heart,^  I  (hall  difcharge  myfelf  as  faithfully 
and  as  really,  to  the  Extent  of  my  poor  Power,  as 
any  Man,  whofe  Honours,  or  whofe  Offices,  moft 
ftridly  oblige  him. 

*  You  know  the  Daiigers  Denmark  is  in,  and 
how  much  they  concerned  us ;  what  in  refpeft  of 
our  AUiance  and.  the  Country ;  what  in  the  Im- 
portance of  the  Sound  \  what  an  Advantaf*  to  our 
Enemies  the  Gam  thereof  would  be  ?  What  Lofs, 
What  Prejudice  to  us,  by  this  Difunion ;  we  break- 
ing upon  France^  Frame  enraged  by  us,  and  the 
Netherlands  2X  Amazement  between  both  ?  Neither 
could  we  intend  to  aid  that  lucklefs  King,  whofe 
Lofs  is  our  Difafter  ? 

'  Can  thofe  now,  that  exprefs  their  Troubles  at 
the  Hearing  of  thefc  Things,  and  have  fo  often 
told  us,  in  this  Place,  of  their  Knowledge  in  the 
Conjunftures  and  Disjundlures  of  Affairs,  lay,  they 
advifed  in  this?  Was  this  an  A61  of  Council,  Mr. 
Speaker  ?  I  have  more  Charity  than  to  think  it ; 
and,  unlefs  they  make  a  Confeffion  of  themfelves, 
I  can  not  believe  it. 

*  For  the  next,  the  Infufficiency  and  Unfaith- 
fulnefsof  our  Generals,  (that  great  Diforder  abroad,) 
What  fhall  I  fay  ?  I  wifh  there  were  not  Caufe  to 
mention  it ;  and,  but  out  of  the  Apprehenlion  of 
the  Danger  that  is  to  come,  if  the  like  Choice  here- 
after be  not  prevented,  I  could  willingly  be  (ilent : 

*  But  my  Duty  to  my  Sovereign,  my  Service  to  this 
Houfe,  and  the  Safety  and  Honour  of  my  Country, 
are  above  all  Refpcdls:  And  what,  fo  nearly, 
trenches  to  the  Prejudice  of  this,  muft  not,  fhall 
HQt,  be  forborn. 


^^^         160    77jeTarliamgntary KisroKY 

An. •.ctuita t.     *  At  Cadiz  then,   in  that  firft  Expediiion  we 
<*»>■        made,  when  we  arrived  and  found  a  Conqueft  rea- 
dy, ttie  Spani/b  Ships  I  mean  fit  for  the  Satisfaflion 
If  "  of  a  Voyage  ;  and  of  which  fonie  of  the  chiefeft, 

^^H  theo  there  themfelves,  have  fince  aiTured  me  that 

^^H  the  Satisfa^ion  would  have  been  fufficient,   cither 

^^H  in  Point  of  Honour,  or  in  Point  of  Proiit :  Why 

^^H  was  it negleflcd ?  Why  wasit  notatchieved,  itbe- 

^^B  ing  of  all  Hands  granted,  how  feifable  it  was  i 

^^f  '  After,  when  with  the  Dellrudtion  of  fome  of 

i^^^  our  Men,  and  with  tfie  Expofuion  of  fome  others, 

{who  though  their  Fortune  fmce  have  noi  been 
iuch,)  by  chance  cameoff:  When,  I  fay,  with  the 
^^  Lofs  ot  our  ferviccable  Men,    that  unferviceable 

^^Kk  Fori  was  gained,  and  the  whole  Army  landed; 

^^H  Why  was  there  nothing  done  f  Why  was  there 

^^^  nothing  attempted  i    If   nothing  was   intended, 

wherefore  did  they  land  ?  If  there  was  a  Service, 
wherefore  were  they  ftiip'd  again  ? 

'  Mr.  Speaker,  it  fatisfies  me  too  much  in  this, 
when  I  think  of  their  dry  and  hungry  March  into 
that  drunken  Qyaner,  (for  fo  ihc  Soldiers  lerm'd 
it,)  where  was  the  Perioii  of  their  journey;  that 
divers  of  our  Men,  being  left  as  a  Saciifice  to  [be, 
Enemy,  that  Labour  was  at  an  End. 

'  For  the  next  Undertaking,  at  Rhte,  I  will 
not  trouble  you  much  ;  only  this  in  (hort:  Was 
not  that  whole  Atlion  carried  againft  the  Judg- 
ment, and  Opinion  of  thofe  Officers,  that  were  of 
the  Council  I  Was  not  the  firft,  was  not  the  laft, 
was  not  all,  in  the  landing,  in  the  intrenching,  in 

Nthe  Continuance  there,  in  the  Aliault,  in  the  Rc- 
ireat,  without  their  AITeni?  Did  any  Advice  take 
Place  of  fuch  as  wereof  the  Council  ?  If  there  fhould 
be  made  a  particularlnquifition  thereof,  thefeThings 
will  be  manifei^,  and  more.  —  I  will  not  inftance 
the  Manifefto  that  was  made  for  the  Reafon  of  thefc 
Arms ;  nor  by  whom,  nor  in  what  Manner,  nor 
on  what  Grounds  it  was  publilhed  ;  nor  what  Ef- 
fcdls  it  haih  wrought,  drawing,  as  it  were,-  almoft 
the  whole  World  into  League  againft  us ;  —  Nor 
will  I  mention  the  Leaving  of  the  Wines,  the 
LcavinjE 


1 


0/    ENGLAND..      i6t 

Leaving  of  ihe  Salt  which  were  in  our  Pofleffion ;  An.  4.  charin^J, 
and  of  a  Value,  as  'tis  faid,  to  anfwer  much  of  our  '^**' 
Expence  ;  nor  that  great  Wonder  which  no  jUm^ 
ander  or  Cafar  ever  did,  the  inriching  of  the  Ehe- 
my  by  Courtefies  when  our  Soldiers  wanted  Help  1 
nor  the  private  Intercourfes  and  Parliea  with  the 
Fort,  which  continually  were  held :  What  they  in- 
tended may  be  read  in  the  Succeis,  and  upon  due  Ex- 
amination thereof  they  would  not  want  their  Proofs.^ 

*  For  the  laft  Voyage  to  Rocbelle,  there  needs  no 
Obfervaiions ;  it  is  fo  frefli  in  Memory :  Nor  will 
T  make  an  Inference  or  Corollary  on  all.  Your 
own  Knowledge  (hall  judge  what  Truth,  or  what 
Sufficiency  they  exprcfs.  For  the  itext,  the  Igno- 
rance and  Corruption  of  our  Minifters,  where  can 
youmife  oflnftances?  If  you  furvey  the  Court,  if 
you  furvey  the  Country  j  if  the  Church,  if  the  Ci- 
ty be  examined ;  if  you  obferve  the  Bar,  if  the 
Bench ;  •if  the  Ports,  if  the  Shipping ;  if  the  Land, 
if  the  Seas:  All  thefe  will  render  you  Variety  of 
Proofs,  and  that,  in  fuch  Meafure  and  Proportion, 
as  (hews  the  Greatnefs  of  our  Difeafe  to  be  fuch» 
that,  if  there  be  not  fome  fpeedy  Application  for 
Remedy,  our  Cale  is  almoft  defperate. 

'Mr.  Speaker,  I  fear  I  have  been  too  long  in 
thefe  Particulars  that  arepaft,  and  am  unwilling  to 
offend  you  5  therefore  in  the  reft  I  (hall  be  (hotter : 
And  in  that  which  concerns  the  impoveri(hing  of 
the  King,  no  other  Arguments  will  I  ufe,  ;than 
fuch  as  all  Men  grant. 

*  The  Exchequer,  you  know,  is  empty,  and. 
the  Reputation  thereof  gone  j  the  antient  Lands 
are  fold  ;  the  Jewels  pawned  ;  the  Plate  engaged ; 
the  Debts  ftill  great ;  almoft  all  Charges,  both  or- 
dinary and  extraordinary,  borne  up  by  Projedls : 
What  Poverty  can  be  greater?  What  Necelfity  fo 
great  ?  What  perfeft  Englijh  Heart  is  not  almoft 
ilillblved  into  Sorrow  for  this  Truth? 

*  For  the  OpprelTion  of  the  Subjedl,  which,  as 
I  remernber,  is  the  next  Particular  I  propofed,  it 
needs  no  Demonftration ;  the  whole  Kingdom  is 
a  Pr3of ;  and  for  the  exhaufting  of  our  Treafurcs, 

V<)L.  VIIL  X  that 


r- 


^ 


6i"  TheTarliamentary  Histor.? 

'Ai>.4.Cha:lc;l.tbat  Very  Oppieflion  fpeaks  ic.     What  Wafle  of 
1618.       pur  Pfovilions,   what  Confumption  of  our  Ships, 

^what  Dellruibon  of  our  Men  have  been  ;  witnefs 
-  thai  journey  to  Argicrs. — Wimefs  that  vix^Mani- 
ftld.  -Witnefs  that  10  Cadiz. — Witnefs  the  next. 
—  Wiinels  [hat  to  Khees.  —  Witrefe  the  laft.  { I 
fray  GoH  ve  may  never  have  more  fuch  Wit- 
neilesj  Witnefs  likewife  \hc  Polatinaie — "W'm- 
t\tis  Denmari — Witnefs  the  Turks — Wimefs  the 
Dunktriert. — Wirnels  all. — What  Lofles  we  have 
Cuftaincd,  how  we  are  impaired  in  Munition,  in 
tihipe,  in  Men! 

'  It  is  beyond  Contradifllon,  that  we  were  ne- 
I  ver  fo  much  weakened,  nor  ever  had  lels  Hope  how 

h,  lo  be  reftoied. 

■^  *  Thefe,  Mr.  Speaker,  are  our  Dangers ;  ihefe 
ate  they  which  do  threaten  us  i  and  thele  are  like 
the  Trojan  Horfe  brought  in  cunningly  to  furprizc 
us :  in  ihefe  do  lurk  t!ie  ftrongeft  of  our  Enemies, 
ready  10  illje  on  us ;  and  if  we  do  not  fpeedily  ex- 
pel ibem,  ihcic  are  the  Signs,  thefe  the  Invitations 
10  others ;  — Tlicfe  will  lb  prepare  their  Entrance, 
that  we  ill  .11  htve  no  Means  lelt  of  Refuge  or  De- 
fence :  ■  Fur  if  we  liave  thefe  Entmiea  at  Home, 
how  can  we  ftrive  with  thofe  that  are  Abro^  ?  If 
we  be  free  from  thefe,  no  other  can  impcaoi  us  ? 
Ouraniie[iti'ff^/{ifi  Virtue,  like  the  oid  Spartan  Va- 
lour, clc^ired  from  ihefe  Diforders;  our  being  in 
Sinceriiy  of  Religion  and  once  made  Friends  with 
Heaven ;  having  Maturity  of  Councils,  Sufficiency 
of  Generals,  Incorruption  of  Officers,  OpuJency 
in  the  Kin^,  Liberiy  in  the  People,  Repletion  in 
Treafure,  Plenty  of  Provilions,  Reparation  of  Ships, 
Frelervaiion  of  Men  : Ourantientfn^///^  Vir- 
tue, Ili-y,  thusreftifieii,  will  lecureus;  and,  iiii. 
lels  there  be  a  fpeedy  Reformation  in  ihefe,  Iknoi' 
not  what  Hopes  or  Exptflaiions  we  can  have.     ' 

'  Thefe  are  the  Things,  Sir,  I  fhall  defire  tohai-e' 
taken  into  Con  fid  era  lion,  that  as  we  are  the  great 
Council  of  the  Kingdom,  and  have  the  Apprehen- 
fi  n  of  thefe  Dangers,  we  may  truly  reprefent  ihem 
unio  the  King ;  whereto,  I  conceive,  we  are  faoimd 

'>/ 


ir- 


^ 


^' 


0/   E  N  G  L  A  N  D.      163 

by  a  treble  Obligation,  ofDutytoGod,  of  DutyAii.4.ChtrieiL 
to  his  Majefty,  and  of  Duty  to  our  Country.  »6a#, 

*  And  tlierefore  I  wifli  it  may  fo  ftand  with  tbo 
Wifdom  and  Judgment  of  theHoufe,  that  they  may 
be  drawn  into  the  Body  of  a  Remonftrance,  and  in 
all  Humility  exprefled ;  with  a  Prayer  unto  his 
Majefty,  That,  for  the  Safety  of  himfelf,  for  the 
Safety  of  the  Kingdom,  and  for  the  Safety  of  Re- 
ligion, he  will  be  pleafed  tp  give  us  Time  to  make 
perfe^  Inquifition  thereof ;  or  to  take  them  into  his 
own  Wifdom,  and  there  give  them  fuch  timely  Re- 
formation as  the  Neceflity  and  Juftice  of  the  Cafe 
doth  import. 

*  And  thus.  Sir,  with  a  large  Affe<ftion  and  Loyal- 
ty to  his  Majefty,  and  with  a  firm  Duty  and  Ser- 
vice to  my  Country,  I  have  fuddenly  (and  it  may' 
be  with  fome  Diforder)  exprefled  the  weak  Apprt- 
henfions  I  have  ;  wherein,  if  I  have  erred,  1  hum- 
bly crave  your  Pardon,  and  fo  lubmit  myfelf  to  the 
Cenfure  of  the  Houfe.' 

Mr.  Rujhworth  obferves,  *  That  many  of  the 
Members  thought  it  not  fuitable  to  the  Wifdom 
of  the  Houfe,  in  that  Conjunfture,  to  begin  to  re- 
capitulate thofe  Misfortumes  which  were  now  ob- 
vious to  all  \  accounting  it  more  Difcreiion  not  to 
look  back, but  forward;  and,  fincethe  King  was  fo 
near  to  meet  them,  that  the  Happinefs  they  expedt- 
ed  might  not  be  loft :  And  thefe  were  for  petition- 
ing his  Majefty  for  a  fuller  Anfwer/ 

It  was  intimated  by  Sir  Henry  Martin^  *  That  this 
Speech  of  Sir  John  Elliot  was  fugggefted  from  Dif- 
affedion  to  his  Majefty.'  And  there  wanted  not 
fome  who  laid,  '  It  was  made  out  of  Diflike  to 
his  Majefty 's  Anfwer  to  their  Petition :  But  Sir 
John  Elliot  protefted  the  contrary  ;  and  that 
himfelf  and  others  had  a  Refolution  to  open  thefe 
laft  mentioned  Grievances,  to  fatisfy  his  Majefty 
therein,  orrfy  they  ftaid  for  an  Opportunity :  Which 
Averment  of  Sir  John  Elliot  was  attefled  by  Sir  , 
Thomas  ff^ent worth  and  Sir  Rotirt  Philips. 

La  In 


164  The  Tarliamentary  Hi  s  to  k.  y 

An.  4.  Charles  I..     In  this  Debate  Sir  Edward  Coke  propounded^ 

J62S.        c  xhat  an  humble  Remonftrance  be  prclented  to 

his  Majefty,  touching  the  prefent  Dangers,  and  the 

w!  ^"®"*    Means  of  Safety  both  for  the  King  and  Kingdom  ; 

France  to*ihe"  which  was  agreed  to  by  the  Houfe ;  and  thereupon 

King.  the  Committee  for  the  Bill  of  Subfidics  was  order- 
ed to  expedite  the  faid  Remonftrance.* In  all, 

or  moft  of  ihefe  Debates,  the  Seiig^ant  was  ordered 
to  attend  on  the  Outfide  of  the  Door  of  the  Houfe, 
and  no  Man  was  to  offer  to  go  out,  upon  Penalty 
of  being  fent  to  the  lower. 

A  (hprt  Digreffion  to  another  Subje6l  may,  per- 
haps, relieve  thfe  Reader.— About  this  Time  a  Com- 
mittee (of  which  Mr.  Pym  was  Chairman)  being 
appointed  to  confider  of  a  Bill  for  the  better  Main- 
tenance of  the  inferior  Clergy,  Sir  Benjamin  Rud^ 
yard  ipade  the  following  Speech  (/>} : 

Mr,  Pym, 

I  Did  not  think  to  have  fpoken  to  this  Bill,  becaufe 
1  was  willing  to  believe  ihatthe  Forwardnelsof 
^ir  i^cnjjHiin  ^ ^'^  Committee  would  have  prevented  me ;  but  now 
Rudyard*sSpecch  I  hold  myfelf  bound  to  fpeak,  and  to  fpeak  in  ear- 

fot  better  Main-  jjeft. 

S  o^!'""  *  In  the  firft  Year  of  the  King,  and  the  fecond 
Convention,  I  fiift  moved  for  the  Increafe  and  In- 
largement  of  poor  Minifters  Livings:  I  fliewed  how 
neceflary  it  was,  tho'  it  had  been  neglefted  ;  this 
was  alfo  commended  to  the  Houfcby  his  Majefty, 
There  being  then,  as  now,  many  Accufations  on 
foot  againlt  fcandalous  Minifters,  I  was  bold  to 
tell  the  Houfe,  that  there  were  alfo  fcandalous  Li- 
vings, which  were  much  the  Caufe  of  the  other ; 
Livings  of  five  Pounds,  nay  even  five  Marks  a 
Year ;  that  Men  of  Worth  and  Parts  would  not 
be  mufled  up  to  fuch  Pittances ;  that  there  were 
feme  luch  Places  in  England^  as  were  fcarce  in  all 
Cnri/lendom  befide,  where  God  was  little  better 
known  than  amongft  the  Indians,     I  exampled  it 

in 

{p)  Not  in,  Rujbworib, Taken  from  the  Epbemerii  PurlU » 

tKenuria,  and  compart  by  the  Manufcriptu 


Of  ENGLAND.     i6s 

in  the  utmoft  Skirts  of  ihiNorth^  where  the  Prayers  An.  4.  Charles  i. 
of  the  common  People  are  more  like  Spells  and       '^*^' 
Charms  than  Devotions ;  the  fame  Blindneis  and 
Ignorance  is  in  divers  Parts  of  Wales^  which  many 
in  that  Country  do  both  know  and  lament. 

*  I  alfo  declared.  That  to  plant  good  Minifters 
was  the  ftrongeft  and  furell  Means  to  eftablifh  true 
Religion;  that  it  would  prevail  more againit P<?- 
///?fy,  than  the  making  of  new  Laws,  or  executing 
of  old  ;  that  it  would  counter- work  Court-Conni- 
vance and  luke-warm  Accommodation ;  that  tho* 
the  Calling  of  Minifters  be  never  fo  glorious  within^ 
the  outward  Poverty  will  bring  Contempt  upon 
them  ;  efpecially  among  thofe,  who  meafure  them 
by  the  Ounce,  and  weigh  them  by  the  Pound  \ 
which  indeed  is  the  greateft  Part  of  Men. 

*  Mr.  Pym^  I  cannot  but  teftify  how,  being  in 
Germany^  I  was  exceedingly  fcandaliz,ed  to  fee  th^ 
poor  ftipendiary Minifters  of  the  ReformcdC  hurchcs 
there,  defpifed  and  neglefted  by  reafon  of  their  Po- 
verty, being otherwife  very  grave  and  learned  Men^ 
I  am  afraid  this  is  a  Part  of  the  Burthen  of  Qer^ 
manyy  which  ought  to  be  a  Warning  to  U3. 

*  I  have  heard  many  Objedioris  and  Difficulties, 
even  to  Impoffibiliiies,  againft  this  Bill.  To  him 
that  is  unwilling  to  go,  there  is  ever  a  Bear  or  a  Lion 
in  the  Way.  Firft  Tet  us  make  ourfelves  willing, 
then  will  the  Way  be  eafy  and  fafe  enough. 

*  I  have  obferved,  that  we  are  always  very  eager, 
and  fierce  againft  Papiftry^  againft  fcandalous  Mini- 
fters, and  againft  Things  which  are  not  fo  much, 
in  our  Power.  I  fhould  be  glad  to  fee  that  we  did 
delight  as  well  in  rewarding  as  in  puniihing,  and  in 
undertaking  Matters  within  our  Reach,  as  this  js 
abfolutely  within  our  Power :  Our  own  Duties  arei 
next  us,  other  Men's  further  off.  I  do  not  fpeak 
this,  that  I  do  miflike  the  deftroying  and  pulling 
down  of  that  which  is  ill  \  but  then  let  us  be  as 
earneft  to  plant  and  build  up  that  which  is  good  in 
the  Room  of  it ;  for  why  fhould  we  be  defolate  ? 
The  beft  and  the  greateft  Way  to  difpell  Darknefs, 
jiud  the  Deeds  thereof,  is  to  let  in  Light":  We  fay 

L  3  ihHt 


i65    TfjeTarliameutarji HisroY^r 

~*n.4-Ch«l«tl.that  Day  breaks,  but  no  Man  can  ever  hear  the 
i6iS.        floife  of  ii ;  God  comes  in  the  ftill  Voice :  Let  us 
quickly  mend  our  Candlefticks,  and  we  cannot  want 
H  w.  Lights. 

Ih^^  '  I  sm  aTraid  this  Backwardnels  of  ours  will  give 

^^^1  the  Advetfary  Occalion  lo  lay.  That  we  chufe  our 

^^^H  Religion  becaufe  it  is  the  cheaper  of  the  two,  and 

^^^P  that  we  would  willingly  lerve  God  with  fomewhat   . , 

^^^V  that  coils  us  nought.     Believe  it,  Mr.  Pym,  he  that*' 

H|V  thinks  to  fave  any  Thing  by  his  Religion,  but  he 

^^  Sou!,  will  be  a  terrible  Loler  in  the  End  :  We  fow 

fo  fparingly,  and  that  is  the  Reafon  we  reap  fo  fpa- 
ringly,  and  have  no  more  Fruit.     Methinks  wbo- 
^^^  foever  hates  Papiftry,  fliould,  by  ibe  lame  Rule, 

^^K'  hate  Covetoufneis ;  for  that  is  Idolatry  too.     I  ne- 

^^^K  ver  liked  hot  ProfelTions  and  cold  Actions,  fuch  a 

^^V  Heat  is  rather  the  Heat  of  a  Diftemper  and  Dileafe, 

^^^  than  of  Life  and  favin^  Health. 

"  '  For  fcandalous  Miniflers,   there  is  no  Man 

,  Ihall  be  more  forward  to  have  ihcm  ■  feverely  pu- 

^^^  nifhed  than  I  will  be;  whenSalthasloft  itsSavour, 

^^^  fit  it  is  to  be  call  on  that  unfavoury  Place,  the 

^^^1  Dunghill.     But,  Sir,  let  us  deal  with  them  as  God 

^^^1    '       hath  dealt  with  u9:   God,  before  be  made  Man, 
^^^t  made  the  World,  a  h.indroniG  Place  for  him  to 

^^^B  dwell  in  ;  fo  let  us  provide  them  convenient  Lt- 

H^f  vings,  and  then  punifli  them  in  God's  Name  ;  but, 

B^*  till  [hen,  fcnndalous  Livings  cannot  but  have  fcan- 

dalous Miniflers,     It  fhall  ever  be  a  Rule  to  me, 
'  thai  where  the  Church  and  Common-Wealth  are 

both  of  one  Religion,  it  is  comely  and  decent  that 
the  outward  Splendor  of  the  Church  fhouSd  hoM  a 
f  Proportion,  and  participate  with  the  Profpcrity  of 

the  temporal  State  ;  for  why  fhould  we  dwell  in 
Houfes  of  Cedar,  and  luffbr  God  to  dwell  in  Tin  ? 
It  wasa  glorious  and  religious  Work  of  King  Jamfi, 
and  I  fpeak  it  lo  his  unfpeakable  Honour,  and  to 
the  Praife  of  ti  at  Nation  ;  who  (iho'  ibat  Coun- 
try be  not  fo  ich  as  ours,  yet  are  they  richer  in 
their  Af}i;^M.'n!  to  Religion)  within  the  Space  of 
)ni  "i  tar  t  lii.  Chuichesto  be  planted  ihro'  all 
i  Borders,  worth  30 1. 


Of  EN  G  L  A  N  D.     i6y 

a  Year  a-piece^  with  a  Houfe  and  fome  Glebe  be- An.  4.  Charles  i. 

longing  to  them  ;  which  30 1.  a  Year,  confidering       '^ig. 

the  Cheapnefs  of  the  Country,  and  the  modeft Ta- 

ibion  of  Minifters  liying  there,  is  worth  double  as 

much  as  any  where  within  a  hundred  Miles  of  Lcn- 

don.    The  printed  A&,  and  Commiflion^  whereby 

it  may  be  executed,  I  have  here  in  my  Hand,  de^ 

livered  unto  me  by  a  Noble  Gentleman  of  that 

Nati4)n,  and  a  worthy  Member  of  this  Houfe,  Sit 

Francis  Stuart. 

«  To  conclude.  Altho*  Chriftianity  and  Reli* 
gion  be  eftablifbed  generally  throughout  this  King- 
dom, yet,  untill  it  be  planted  more  particularly,  I 
fhall  fcarce  think  this  a  Chriftian  Common- Wealth  i 
feeing  it  hath  been  moved  and  ftirred  in  Parliament, 
it  Will  lie  heavy  upon  Parliaments,  uniill  it  be  ef* 
fefted. 

*  Ltt  us  do  fomethin^  for  God,  here,  of  out 
own^  and  no  Doubt  God  will  blefs  our  Proceed- 
ings in  this  Place  the  better  for  ever  hereafter :  And, 
for  my  own  Part,  I  will  never  give  over  folliciting 
this  Caufe,  as  long  as  Parliaments  and  I  fhall  live 
together/ 

We  now  return  to  the  Lords. 

On  the  fourth  Day  of  Jun^  the  Lord  Keeper, 
delivered  a  MefTage  to  them,  from  the  King,  tp 
this  Effeft :  *  That  hb  Majefty,  upon  many  pref- 

*  ling  and  urgent  Occafions,  had  refolved  to  haften 

*  an  End  to  this  Seiiion,  and  prorogue  the  Parlia- 

*  ment  to  a  further  Time ;  and  had  appointed 
^  fyidne/day^  the  nth  oijune^  for  that  Purpofe: 

*  That  he  bad  commanded  this  to  be  iignified  to 

*  both  Houfes,  in  order  that  thofe  Bufinefles,  which 

*  w^re  before  them  of  greater  Confequence,  might  The  King's  Mef- 

*  be  expedited.  ftgetoboth 

^  HoQies  to  cater- 

tain  no  new  Bu« 

The  fame  Day  a  Meflage  from  the  King  was  de-  fincfs. 
liv'ered  to  the  Commons,  by  their  Speaker,  to  this 
Purport : 

*  That  his  Majefty  having,  upon  the  Petition' 
'  exhibited  by  both  Houfes,  given  an  Anfwer  full 

•  t>f 


'  i68   TheTarliftmentitryHi^roKr 

Att.  4.Chailnl.*  of  Juftice  and  Grace,  for  which  we  and  ourPo- 

i6is.        t  fterity  have  jurt  Caufc  to  blefs  him,  it  ii  now 

*  Time  to  grow  to  a  Conclufion  of  the  Scfiion  ; 
_  _.  '  and  therefore  his  Majefly  thinks  fir  to  let  you 
L^H  '  know.  That  as  he  doth  refotve  to  abide  by  that 
^^H  '  Anfwer,  whhout  further  Change  or  Alteration, 
^^^T  *  fo  he  will  royally  and  really  perform  unto  you 
^^^                *  what  he  bath  thereby  proniiied.     And  further, 

'  That  he  refolves  to  end  this  Seifion  upon  ^ed- 
'  ne/Jay  the  nth  of  this  Months    and  therefore 
'  wifheth,  that  the  Houfe  would  feriouJly  attend 
'  thofe  Bufinefles,  which  may  bcft  bring  the  Scflioa  i 
'  toa  happy  Conclufion,  whhoutentenainingnew 

*  Matters;  andfo  husband  the  Time,  that  his  Ma- 

*  jetty  may,  with  the  more  Comfort,   br 
'  fpeedily  together  a^in:  At  which  Time,  if  tbei*' J 
'  be  any  further  Grievances,  not  contained  or  e: 
'  pteffed  in  the  Petitm,  they  may  be  more  tha- 
'  lurelyconfidered  than  (be Time  ivillnowpetmit.!  J 

After  the  reading  of  this  Mefliige,  the  Houfe,  In^J 
ftead  of  taking  any  Notice  of  it,  proceeded  widi  4  J 
Declaration  againll  Dr.  Manwaring',  which  was 
ihe  fijme  Day,  prefented  to  the  Lords  at  a  Confer* 
ence,  belwixt  the  Committees  of  both  HoufcS  ofl 
Parliament:  And  Mr.  Pym  was  appointed  by  iheJ 
Houfe  of  Commons  to  manage  that  Conference, 

Ih   DECLARATroN  gf  the  Commons  ^guin^m 
Roger  Manwaring,  Ckrk,  Dafforin  DhimtJi.JF 

pOR  the  more  cSeflual  Prevention  of  fhg 

apparent  Ruin  and  Dertrui^ion  of  this  King- 

r.  Mau-'  dum,  which  muft  neceiiatily  enfue,  if  the  good 

*  and  fuadimental  Laws  and  Cufloms,  therein 
'  eftnblifhed,  Hiouid  be  brought  into  Contempt  and 
'  violated  ;  and  that  Form  of  Government  there- 

*  by  altered,  by  which  it  hath  been  fo  long  main- 
'  tjin'd  ill  Peace  and  Ha(-pinef3 ;  and  to  ibc  Honour 

*  of  our  ijuverei|;ii  Lord  ibe  King,   and  for  ihe 

*  Preieivalitin  of  his  Crown  aiid  Dignity;  the  Com- 
(  ji;uii«  in  this  prelent  Parliament  aljembled, 


:F^ 


Of    E  N  G  L  AND.      KJp 

by  this  their  Bill,  (hew  and  declare  againftiS^- An.  4.  Charles  j. 
ger  Manwarini^  Clerk,  Dodor  in  Divinity,  That  '^*** 
whereas,  by  the  Laws  and  Statutes  of  this  Realm, 
thfe  free  Subjefts  oF  England  do  undoubtedly  in- 
herit this  Right  and  Liberty,  not  to  be  compelled 
to  contribute  any  Tax,  Tallage,  or  Aid  ;  or  to 
makeatiy  Loans,  not  fet  or  impofed,  by  common 
Confent,  by  A6t  of  Parliament :  And  whereas  di- 
vers of  his  Majefty's  loving  Subjedts,  relying 
upon  the  faid  Laws  and  Cuiloms,  did,  in  all  Hu- 
mility, refufc  to  lend  fuch  Sums  of  Money,  with- 
out Authority  of  Parliament,  as  were  lately  re- 
quired of  them  :  Nevcrihelefs  he,  the  feid  Roger 
manwaringi  in  Contempt,  and  contrary  to  the 
Laws  of  this  Realm,  hath  lately  preached  in  his 
Majefty's  Prefence,  two  feveral  Sermons :  That 
is  to  fay,  the  4th  Day  of  July  laft,  one  of  the 
faid  Sermons ;  and,  upon  the  29th  of  the  fame' 
Month,  the  other  of  the  faid  Sermons ;  both 
which  Sermons  he  has  fince  publiflied  in  Print,  in 
a  Bock  intitled,  Religion  and  Allegiance ;  and, 
with  a  wicked  and  malicious  Intention,  to  fe- 
duce  and  mifguide  the  Confcience  of  the  King's 
Moft  Excellent  Majefty,  touching  the  Obferva- 
tion  of  the  Laws  and  Cuftoms  of  this  Kingdom, 
^tid  of  the  Rights  and  Liberties  of  the  Subjefis ; 
to  ihcenfe  his  Royal  Difpleafure  againft  his  good 
Subjefts  fo  refufing  ;  to  fcandalize,  fubverr,  and 
impeach  the  good  Laws  and  Government  of  this 
Realm,  and  the  Authority  of  the  High  Court  of 
Parliament  5  to  alienate  the  King's  Heart  from 
his  People,  and  to  caufe  Jealoufies,  Sedition,  and 
Divifion  in  the  Kingdom;;  he,  the  faid  Roger 
Matmsring^  doth,  in  the  faid  Sermons  and 
Book,  perfuade  the  King's  Moft  Excellent  Ma- 
jefty, as  follows : 

*'  /Vr/?,  That  his  Majefty  is  not  bound  to  keep 
and  obftrve  the  good  Laws  and  Cuftoms  of  this 
Realm,  concerning  the  Rights  and  Liberties  of 
the  Subjects  aforementioned  :  And  that  his  Royal 
Will  and  Command  in  impoling  Loans,  Taxes, 

•  and 


170   The  'Farliamentary  History      ' 

,  *  and  other  Aids  upon  his  People,  wiihout  com- 
»  mon  Confeni  in  Pariiameni,  doih  fo  far  bind  the 

*  Consciences  of  the  Subjefls  of  this  Kingdom, 

*  that  they  cannot  refufe  the  fame*  without  Peril 

*  of  eternal  Damnation ! 

'  Secmdly,  That  thofe  of  his  Majcfty^  loving 
'  Subjeda,  whorefufed  the  Loan  aforementioned, 
'  in  liich  Manner  as  is  before  cited,  did  therein 

*  ojfecd  againft  the  Law  of  God,  and  againft  his 
'  Maiefty's  fupreme  Authority  j  and,  by  fo  doing, 

*  became  guilty  of  Impiety,  Difloyalty,  Rebellion^ 
'  and  Difobedience,  and  liable  to  many  other  Cen- 
'  fures;  which  he,  in  thefeveral  Parcsof  hisBook, 

*  dotli  moll  faifly  and  malicioully  lay  upon  them. 

*  7hirdly,  That  the  Authority  of  Parliament  is 

'  not  neceflary  forthe  raifingof  Aids  and  Subiidies; 

'  that  tlie  flow  Proceedings  of  fuch  AifemblieB  arc 

*  not  lit  for  the  Supply  of  the  urgent  Necelfities 
'  of  ihe  State,  but  rather  apt  ro  produce  fundry 
'  Impediments  to  the  juft  Defigns  of  Princes,  ani 
<  to  give  them  Occafion  of  Difpleafure  and  Difcon-' 

*  tent. 

'  All  which  the  Commons  are  ready  to  proves 
'  not  only  by  the  general  Scope  of  the  lame  Ser-  ' 
'  mons  and  Book,  but  likewilc  by  feveral  Claufes^ 
'  Aflertions,  and  Sentences  therein  contained  ;  and 
'  that  he,  the  laid  Rsger  Manuaring,  by  preaching 
'  and  publilliing  the  bermcns  and  Book  aforementi- 
'  oned,  did  molt  unlawfully  abufehis  holyFunflion, 
'  inftitutcd  by  God  ip  his  Church,  for  the  guidifig' 
'  of  the  Confciences  of  all  his  Servants,  and  chiefly 

*  of  fovereign  Princes  and  Ma^iftraiesi  artd  for 

*  the  Maintenance  of  the  Peace  and  Concord  Ik- 

*  twixt  all  Men,  efpecialiy  betwixt  the  King  and 

*  his  People;   and  hath  thereby  moll  grievoufly 

*  offended  againft  the  Crown  and  Dignity  of  bis 
*•  Majcfty,  and  againft  the  Profperiiy  and  good 
'  Government  of  this  State  and  Common- Wailth. 

*  And  the  faid  Commons,  by  Proteftation,  fe- 
'  ving  to  themlelves  the  Liberiy  of  exhibiting,  af 
■  any  Time  herealtcr,  on  any  other  Occalion,  any    - 
.  •  Ini- 


0/    E  N  G  L  A  N  D.       171  ^ 

*  Impeachment  againft  the  laid  Reg"'  Mtinwating ;  An.4.  C4nr)»t- 

*  and  alio  of  replying  to  the  Anfwers,  which  the        i6j>- 

*  iaid  Rogtr  Manuiarini  (hail  make  unto  any  of 

*  the  Mattel's  contained  in  thisprefent  Bill  of  Com-  , 

*  plaint;  and  of  offering  lurther  Proof  of  the  Pre- 

*  miiles,  or  any  of  them,  as  the  Caufe,  according  to 

*  iheCourfe  of  Parliament,  (hall  require,  dopray, 

*  thallhe  iv^Riger Maniuaring ra^y  be  put  to  an- 

*  fwet  to  all  and  every  the  Premifles ;  and  that  fuch 

*  Proceeding,  Examination,  Trial,  Judgment,  and 
'  exemplary  Puniihment  maybe  thereupon  had  and 
'  executed,  as  is  agreeable  to  Law  and  Juftice.' 

This  Declaration,  ingrofs'd  in  Parchment,  being 
read,  Mr.  Pym  addreffed  himfelf  to  the  Lords  in  this 
Manner : 

THat  he  fhould  fpealt  to  this  Caufe  with  more  Mr. : 
Confidence,  bccaufe  he  faw  nothing  to  dif-'f™ 
courage  him:  1/  he  confidered  the  Matter,  the'  ""^ 
Offences  were  of  a  high  Nature,  andof  eafy  Proof ; 
if  he  confidered  their  Lotdfliips,  who  were  the 
Judges,  their  own  Intcreft,  their  own  Honour,  the 
Example  of  their  Anccftors,  the  Care  of  their  Po- 
fteriiy,  would  all  be  Advocates  with  him,  in  thi3 
Caufe,  on  the  Hebalf  of  the  Common- Wealth  ; 
.  if  be  confidered  the  King  our  Sovereign,  Cthe  Pre- 
tence of  whofe  Service  and  Prerogative  might,  per- 
chance, be  fought  unto  as  a  Defence  and  Shelter 
for  this  Delinquent)  he  coutd  not  but  remember 
that  Part  of  the  King's  Anfwer  to  the  Petilm  of 
Right  of  both  Houfes  That  his  Majefly  hdd  himjelf 
hound,  in  Co«faence,  ts  prtfirve  their  Liberties,  which 
this  Man  would  iierfuadehim  to  impeach,*"  He  far- 
iheriaid,  '  Thathe  could  not  but  remember  his  Ma- 
jefty's  Lovc  to  Piety  and  Juftice,  manifcftcd  upon 
al!  Occafions ;  and  he  knew  Lovc  to  be  the  Root 
and  Spring  of  all  other  Paiiions  and  Affeiftions.  A 
Man  therefore  hates,  becaufe  he  fees  fomewliar,  in 
that  which  he  hates,  contrary  to  that  which  he 
love^ ;  a  Man  therefore  is  angrj',  becaufe  he  fees 
Ibmewhat  in  that,  wherewith  he  is  angry,  that 
gives 


1 7  i    'The  'Parliamentflry  H  i  s  t  o  r  y 

An- i.cwImI.  gives  ImpeJimenr  and  Intcrrupiion  to  the  Accom- 
plifliment  of  that  which  he  loves. 

*  If  this  be  fo,  by  ibe  lame  Aifl  of  Apprehcn- 
fion,  by  which  he  believes  his  M*jefty's  I>ove  lo' 
Piety  and  Juftice,  he  muft  needs  believe  his  Hate 
and  Deteftatioii  of  this  Man,  who  went  about  to 
withdraw  him  from  the  Exercife  of  boih.' 

Then  he  proceeded  to  that  which,  he  faid,  was- 
the  Tafl:  enjoin'd  hJm,  *  To  make  good  every 
Claufe  of  that  which  had  been  read  unto  them;- 
which,  that  he  might  the  more  clearly  perform,  he 
propofed  to  obferve  that  Order  of  Paris,  into- 
which  the  faid  Declatatlon  was  naturally  diflblved. 

1.  '  Of  the  Preamble. 

2.  *  The  Body  of  the  Charge, 
J.  '  The  Conciufion,  or  Prayer  of  the  Com- 
mons. 

'  The  Preamble  confifted  altogether  of  Recital ; 
fffi,  of  the  Inducements  upon  which  the  Com- 
mons undertook  this  ComplaJni. 

'  The^fW,  of  thofe  Lawsand  Liberties,  againft 
which  the  Offence  was  committed. 

*  The  ihiri,  of  ihe  Violation  of  ihofe  Laws 
which  have  relation  to  that  OiFence. 

•  From  the  Connection  of  all  thefe  Recitals,  he 
fdid,  there  did  refult  three  Pofitions,  which  he  was 
lo  maintain  as  the  Ground-work  and  Foundation 
of  the  whole  Cmfe. 

'  The/r/?,  That  the  Form  of  Government,  in. 
any  State,  couid  not  be  altered  without  apparent 
Danger  of  Ruin  to  that  State. 

'  The  Jmnd,  The  Law  of  Efighnd,  whei-eby 
ihe  Subject  is  exempted  from  Taxes  and  Loans, 
not  granted  by  common  Confeni  of  Parliament, 
was  not  introduced  by  any  Statute,  or  by  any 
Charier  or  Sanflion  of  Princes;  but  was  the  an- 
tient  and  fundamental  Law,  ifluing  from  the  firft 
Frame  and  Conftiiution  of  the  Kingdom. 

'  The  third.  That  ibis  Liberty  ot  the  Subjeft  is 

not"  only  molt  convenient  Lind  profiinbie  for  ilic 

Pi^ople,  but  molt  hoiiour:ible  and  moll  necell!*ry 

ibr 


0/    ENGLAND.      173 

for  the  King;  yea,  in  that  Point  of  Supply,  forAn.4.cii«Tk»L 
which  it  was  endeavoured  to  be  broken.  x6aS. 

*  As  for  the  firft  Pofition,  The  bell  Form  of 
Government  is  that,  which  doth  aduate  and  dif- 
pofe  every  Part  and  Member  of  a  State  to  the 
Common-good  \  and  as  thofe  Parts  give  Strength 
and  Ornament  to  the  whole,  fo  they  receive  from 
it  again  Strength  and  Prote£tion  in  their  feveral  Sta* 
tions  and  Degrees. 

'  If  this  mutual  Relation  and  Inlcrcourfe  be  bro* 
ken,  the  whole  Frame  will  quickly  be diflblved,  and 
fall  in  Pieces ;  and,  inilead  of  this  Cgncord  and 
Interchange  of  Support,  whilft  one  Part  feeks  to 
uphold  the  old  Form  of  Government,  and  the  other 
Part  to  introduce  a  new,  they  will  miferably  con* 
fume  and  devour  one  another.  Hiftories  are  full  of 
the  Calamities  of  whole  States  and  Nations  in  fuch 
Cafes.  It  is  true,  that  Time  muft  needs  bring 
about  fome  Alterations,  and  every  Alteration  is  a 
Step  and  Degree  towards  a  Diilblution;  thofe 
Things  only  are  eternal  which  are  conftant  and 
uniform  :  Therefore  it  is  obferved  by  the  beft  Wri- 
ters on  this  Subjeft,  that  thofe  Common- Wealths 
have  been  molt  durable  and  perpetual,  which  have 
often  reformed  and  recompoied  themfelves  accord- 
ing to  their  firft  Inftitution  and  Ordinance ;  for,  by 
this  Means,  they  repair  the  Breaches,  and  counter- 
work the  ordinary  and  natural  Effedls  of  Time* 

*  The  fecond  is  as  manifeft.  There  are  plain 
Footfteps  of  thofe  Laws  in  the  Government  of 
the  Saxom ;  they  were  of  that  Vigour  and  Force, 
as  to  over-live  theX^nqueft  ;  nay,  to  cive  Bounds 
and  Limits  to  the  Conqueror,  "whofe  V iftory  gave 
him. firft  Hope;  but  the  Aflurance  and  PolTeflion 
of  the  Crown  he  obtained  by  Compofition;  in 
which  he  bound  himfelf  to  obferve  ihefe,  and  the 
other  antient  Laws  and  Liberties  of  the  Kingdom, 
which  afterwards  he  likewife  confirmed  by'Oaih 
at  his  Coronation  ;  and  from  him  the  faid  Obliga- 
tion defcended  to  his  Succefibrs.  It  is  true  they 
have  been  often  broken,  but  they  have  been  often 
confirmed  byCharter*  of  Kings,  and  by  Afts  of  Par- 

liaixv^iw^". 


^r  1 7  4    ^"-^^  Parliamentary  History 

j(n,4.ChirlMT.I'anients :  But  the  Pelhions  of  the  Subjefls,  upon 

i6ig.  which  thofe  Charters  and  Afls  were  founded,  were 
ever  Petiiiom  sf  Rigl't,  demanding  [licir  an  tient  and 

■^^  due  Liberties,  not  fuing  for  any  new. 

^^H  *  To  clear  the  third  Polition  m;n'  feetn  lo  fome 

^^H  Men  more  a  Paradox,  That  thofe  Liberties  of  the 

^^H  Subjcft  (hould  be  fo  convenient  and  profitable  to 

^^H  the  People,  and  yet  moll:  necefTary  for  the  Supply  of 

^^^1  bis  Majelty.     Ithathbeen,  upon  another  Occalton, 

^^H  declared,  thai  if  thofe  Liberties  v;ere  taken  away, 

^^H  there  would  remain  no  more  Induftry,  no  more 

^^^1  Jullice,  no  more  Courage  ;  for  who  will  contend, 

^^H  who  will  endanger  himfelf,  for  that  which  is  not 

^^^V  his  own  ^ 

^^V  '  Bui,  he  faid,  he  would  not  inlift  upon  any  of 

^^H  thofe  Points,  nor  upon  others  equally  important; 

^^H'.  but  only  obferve,  ihat  if  thofe  Liberties  were  taVen 

^^^1  away,  there  would  remain  no  Means  for  the  Suh- 

^^H  je£ts,   by  any  A£t  of  Bounty  or  Benevolence,  to 

^^H  ingratiate  ihemfelves  with  their  Sovereijjn. 

^^H^  '  And  he  defired  their  Lordfliips  to  remember 

^^H  what  profitable  Piero^tlves  (he  Laws  had  appoinl- 

^^H  ed  for  the  Support  of  Sovereignly  ;  as  Wardfhips, 

^^H  Trcafurcs-trouve,  Felons  Goods,  Fines,  Amerce- 

^^H  menis,  and  other  Ifiijes  of  Court8,W recks,  Eicheats, 

^^K  and  mmy  more,  loo  long  to  be  enumerated ;  which, 

^^H  for  the  mofl  part,  are  now,  by  Charters  and  Grants 

^^H_  of  Several  Princes,  dirperred  into  the  Hands  of  fe- 

^^H  veral  private  Petfons  -,  and  that  befides  the  antient 

^^H  Demefnes  of  the  Crown  of  England,  fyUliam  the 

^^H  Conqueror  did  annex,  for  the  better  Maintenance  of 

^^^B  his  Eftate,  great  Proportions  of  thofe  Lands,  which 

^^H^  were  confifcate  from  thofe  £«^/'jA  which  perfilted 

^^^1  lo  withftand  him  :  but  of  ihefe,very  fewremaioat 

^^B  this  Day  in  the  King's  PoiTeQion  ;  yet,  fmcc  that 

^^^B  Time,  the  Revenue  of  the  Crown  hath  been  fup- 

^^^1  plied  and  augmented  by  Aiiaiiidetj,  and  other  Cafu- 

^^H  alties ;  and,  in  the  Age  of  our  Fathers,  by  the  Dif- 

^^V  folution  of  Monafteiies  and  Chantries,  near  a  third 

^^H  P^rt  of  the  whole  Land  came  into  the  King's  Pof- 

^^H  fefEon.     He  rememhrcd  further,  that  conlVant  and 

^^H'  proliiabic  Grant  of  the  Subje^  in  the  Aft  of  Ton- 


0/    E  N  G  L  A  N  D.      175 

nage  and  Poundage.'    Notwithftanding  all  thefe,  he  An.  4.  Charl»i, 
faid,  they  were  fo  alienated,  anticipated,  or  over-       i6a8. 
charged  with  Annuities  and  Affignments;  that  no 
Means  were  left,  for  the  preffing  and  important 
Occafions  of  this  Time,  but  the  voluntary  and  free 
Gift  of  the  Subjefts  in  Parliament. 

*  The  Hearts  of  the  People,  and.  their  Bounty  in 
Parliament,  is  the  only  conftant  Treafure  and  Re- 
venue of  the  Crown  ;  which  cannot  be  cxhaufted, 
alienated,  anticipated,  or  otherwife  charged  and  in* 
'  cumbred.* 

In  his  Entrance  into  the  Second  Part,  he  pro- 
pounded thefe  Steps,  by  which  he  meant  to  proceed. 

1.  '  To  (hew  the  State  of  the  Cafe,  as  it  flood 
both  in  the  Charge  and  in  the  Proof,  that  fp  their 
Lordfhips  might  the  better  compare  them  both  to- 
gether. 

2.  *  To  take  away  the  Pretenfions  of  Mitigsi- 
tions  and  Limitations  of  his  Opinions,  which  the 
I>odlor  had  provided  for  his  own  Defence. 

•  3.  '  To  obferve  thofe  Circumftances  of  Aggra- 
vation, which  might  properly  be  annexed  to  his 
Charge. 

4.  *  To  propound  fome  Precedents  of  former 
Times ;  vyherein,  tho*  he  could  not  match  the  Of- 
fence now  in  queftion  ;  (for  he  thought  the  like  be- 
fore had  never  been  committed)  yet  he  fliould  pro- 
duce fuch  as  fhould  fufBcienily  declare,  how  for- 
ward our  Anceftors  would  have  been  in  the  Profe- 
cuiion  and  Condemning  of  fuch  Offences,  if  they 
had  been  then  committed. 

*  The  Offence  was  defcribed  in  a  double  Man- 
ner ;  firft,  by  the  general  Scope  and  Intention,  andT 
by  the  Matter  and  Particulars  of  the  Fadt,  where- 
by that  Intention  was  expreffcd.' 

In  the  Defcription  of  the  Intention  he  obferved 
fix  Points ;  every  one  of  which  was  a  Charatlcr  of 
extreme  Malice  and  Wickednefs. 

I.  *  His  Attempt  to  mifguide  and  feduce  the 
Confcience  of  the  King. 

.2.  *  To  inccnfe  his  Royal  Difpleafure  againft 
bi^  Subje^. 

3-  '  Tq 


iy6    7he  Parliamentary  History 

An.  4.  Charles  I.  3.  *  To  fcandalizc,  impeach,  and  fubvert  the 
1628.  gQQj  Laws  and  Grovernihent  of  the  Kingdom,  and 
Authority  of  Parliaments. 

4.  *  To  avert  his  Majefty*s  Mind  from  calling 
of  Parliaments. 

^.  ^  To  alienate  his  Royal  Heart  from  his 
People. 

6.  *  To  caufe  Jcaloufies,  Sedition,  and  Divifion 
in  the  Kingdom. 

*  Of  thefe  Particulars,  he  faid,  he  would  forbear 
to  fpeak  further,  till  he  (hould  come  to  thofe  Parts 
of  the  Fafl,  to  which  they  were  moll  properly  to 
be  applied/ 

The  Materials  of  the  Charge  were  contrived  into 
three  diftinft  Articles ;  the  lirft  of  thefe  compre- 
hended two  Claufes. 

1.  '  That  his  Majefty  is  not  bound  to  keep  and 

*  obferve  the  good    Laws  and   Cuftoms  of  tlie 

*  Realm,  concerning  the  Right  and  Liberty  of  the 
'  Subjedl  to  be  exempted  from  all  Loans,  Taxes, 

*  and  other  Aids  laid  upon  them,  without  common 

*  Confent  in  Parliament. 

2.  '  That  his  Majefty*s  Will  and  Command,  in 

*  impofing  any  Charges  upon  his  Subjcfts  without 

*  fuch  Confenr,   doth  fo  far  bind  them  in  their 

*  Conlciences,   that  they  cannot  refufe  the  fame 

*  without  Peril  of  eternal  Damnation  !* 

Two  Kinds  of  Proof  were  produced  upon  this 
Article. 

The  firft  was  from  fome  Aflertions  of  the  Doc- 
tor's, concerning  the  Power  of  Kings  in  general ; 
but,  by  neceflary  Confequence,  to  be  applied  to  the 
Kings  of  England. 

The  next  Kind  of  Proof  was  from  his  Cenfures 
and  Determinations  upon  the  particular  Cafe  of 
the  late  Loan  ;  which,  by  Neceflity  and  Parity  of 
Reafon,  were  like  wile  applicable  to  all  Cafes  of  the 
like  Nature.  And  left,  by  Frailty  of  Nature,  he 
might  miftake  the  Words,  or  invert  the  Senfe,  he 
defired  Leave  to  refort  to  his  Paper,  wherein  the 
Places  were  carefullj'  extrafted  out  of  the  Book  it- 

felf. 


0/  E  N  GL  A  N  D.      177 

felf.     And  then  he  read  oacb  particular  Claufe  by  An.  4.  Charles  7. 
ilfelf,  pointing  to  the  Page  for  Proof.  .         '^»8* 

Then  he  proceeded  and  iaid,  ^  That  from  t6i8 

•  Evidence  of  the  Fa£l:  doth  iflue  a  clear  £vi3encf 
of  his  wicked  Intention  to  miiguide  and  feduce  the; 
King*s  Confciehce,  touching  the  Obfervation  of 
the  Laws  and  Liberties  of  the  Kingdom ;  to  fcan- 
dah'ze  and  impeach  the  good  Laws  and  Govern* 
ihent  of  the  Realm,-  and  the  Authority  of  Par- 
liaments i  which  are  two  of  thofe  Characters  of 
Malice  which  he  formerly  noted,  and  now  enfor- 
ced thus.  —  If  to  give  the  King  ill  Coubfel,  ii^ 
one  particular  Adion>  hath  heretofore  been  heavily 
puniflied  in  this  High  Court ;  how  much  more  hei- 
nous muil  it  needs  be  thought,  to  pervert  and  fe« 
duce,  by  ill  Coimfel,  his  Majefty's  Confcience ; 
whidi  is  the  fovereign  Principle  of  all  moral  Ac- 
tions, from  which  ihey  are  to  receive  Warrant  for 
'  their  Direftion  before  they  be  adled,  and  Judgment 
for  their  Reformation  afterwards?  If  Scandaluni 
Afagnatuniy  Slander  and  Infamy,  cad  upon  great 
Lbrds  and  Oflacers  of  the  Kingdom,  have  been  al- 
ways moft  fcverely  cen  Cured ;  how  much  mord 
tender  ought  we  to  be  of  that  Slander  and  Infamy^ 
which  is  here  caft  upon  the  Laws  and  Govern- 

'.  inent,  from  whence  is  derived  all  the  Honour  and 
Reverence  due  to  thofe  great  Lords  and  Magif- 
trates  ? 

'  All  Men,  and  fo  the  greateft  and  higheft  Ma- 
giftrates,  are  fubjed  to  Paflions  and  Partialities^ 
wherpby  they  maybe  tranfported  into  over-hard  in- 
jurious Crolies :  which  Confideraiions  may  fome- 
limesexcufe,  though  never  juftify,  the  Railing  and 
evil  Speeches  of  Men,  who  have  been  fo  provefced ; 
it  "being  a  true  Rule,  That  whaifoever  givcsSirength 
and  Inforcement  to  the  Temptation  in  any  Sin^ 
doth  necedarily  imply  an  Abatement  and  Diminu- 
tion of  Guilt  in  that  Sin.  But  to  flander  and  dif- 
grace  the  Laws  and  Government,  is  without  Pofli-  ^ 
bility  of  any  fuch  Excufe  ;  it  being  a  fimplc  Adt  of 
SI  'malignant  Will,  not  induced  nor  exciied  by  any 
'Voii.  VIII.  M  ouiwarJ 


Aa.4  ciiatla i.ouiwar'l  Provocation;    for  the  Liws  carrying  an 

id!.       equal  aiid  conftant  Refpefl  to  all.  ought  to  be  re- 

vtrenced  equally  by  all-'     And  thus  he  derived  ihe 

Proofs  and  Inforcemcnts,  upon  tlie  iitft  Ankle  of 

the  Charge. 

The  lecond  Article  he  faid  contained  ifirec 
Clnufes: 

1 .  •  That  thefe  Refufers  had  offended  agairift  the. 
Law  of  God.  '■  ' ' 

2.  '  Againft  the  fupreme  Authority.  "  "  " 

3.  *  By  fo  doing,  were  hecomt^  guilty  of  Impie- 
ty, Diiloj-alty,  Rebellion,  Dilobediencc,  and  lia- 
ble to  many  other  Ccnfures. 

'  For  Proof  of  af!  theic,  he  needed  no  other  Evi- 
dence, than  what  might  be  eafily  drawn  from  thofe 
Places  which  he  had  read  already :  For  what  im- 
piety can  be  greater,  than  to  contemn  the  Law  of 
God,  and  to  prefer  human  Laws  before  il  ?  Whai 
greater  Difloyaliy,  Rebellion,  and  Difobediencc, 
than  to  deprelsSuprcme  Authority,  to  tye  the  Hands 
and  clip  the  Wings  of  Sovereign  Princes?  Yet  he 
defired  their  Lordftiips  Patiehce  in  heai  ing  fotne  fcW 
other  Places,  wiierein  the  Stains  and  Taint,  which 
the  Doflor  endeavoured  to  lay  upon  the  Refufers, 
might  appear  by  the  Odioufnefs  of  thofe  Compari- 
fohs,  in  which  he  doth  labour  10  rant  them. 

*  The  firft  Comparifon  is  with  Pcpfjh  Recu/ufitSi 
yet  he  makes  them  the  worft  of  ihc  two,  and  for 
the  better  Refemblance,  gives  them  a  new  Name 
of  Temporal  Riciifanti.' 

For  this  Mr.  Pym  alledged  the  firft  Sermon, 
(Pages  31,  31.)  and  Part  of  the  Doflor's  fifth 
Confideration,  by  which  he  would  perfuade  them 
10  yield  10  this  Loan,  thus ; 

5tWy,.  ffthij  WQuld  anjidtr  what  jfdvanf age  thlt 
their  Recufancjt  in  Ttmfirab,  gives  ts  the  cefntrtoti 
Adverfaryy  tvha,  far  Difabtdiet.te  in  Spirituals,  have 
hitherto  a/me  inherited  that  Nanic;  for  tbafwhieh 
we  Burjelve!  CBndrwn  in  ttemfcrjo  diing ;  and  prefeji 
to  h^te  that  Religion  which  teacheth  them  fi  tiidt>\ 
that  is,  IB  refvjt  Stiljtifjin  unto  Prnies  in  Spitilka/i; 


f 


Of  E  f^G  1  A  N  D.     17^ 

yit  the  jime^  if  not  worfe^Jmt  cfcUr  Sidg  new^  ^Aa.  4.  Charles  i. 
iuntk^bi,  dare  to  pradifiy  *"^' 

h  muft  meeds  argue  /eft  ^Cenfdenice^  and  tpore  In^ 
gratitude^  both  to  Gq^  nnd  the  King^  ifiu  temporal 
Things  tui.obej not:  Tb^  in  Spirituals  deny  Suhje^i* 
On 9  wherein  they  mi^  perhaps  frame  unto  il^emfehes 
fome  B^eafinspf  Prebatility^  that  the  Offence  is  not  Jo 
heinous ;  tut  if  we  in  Temporals /ball  befo  refra^ory^ 
what  Colour  ofReafon  can  we  poffibly  find  to  make 
CUT  Defence  vnthal ;  without  the  utter Jbaming  of  our* 
feheSy,  and  laying  a  Stain^  which  cannot  eaftly  be 
wafbed  out'i  upon  that  Religion  which  bis  Al^ejiy^ 
doth  Jo  graeieufy  mamiaih^  and  oarjelvei  prifcjsf 

The  fecond  Coniparifoo  is  with  Turks  and  Jews^ 
in  the  fecond  Scrmon»  (p.  47.)  What  a  Paradox  is 
this  ?  ff^hat  a  Turk  will  do  for  a  Chrilliany  and  a 
Chufti^n  for  a  Turk,  and  a  Jew  for  bcth^  i^c. 
much  hfsjheuld  Chriftian  Aden  deny  the  fame  to  a 
Clirirtian  AifV^. 

The  third  Ccmparifon  is  with  ICorahi  Ddthan\ 
and  Miratn^  Vjcadas^  and  JuddSy  which  is  takeii 
ouitof  the  fecond  Serihon,  (p.  49.)  where  be  la- 
bours to  deprive  of  all  Merit  in  Chrilt*s  Sufieringi 
thofe  who  refu  fed  this  Loan. 

Corah,  Dathan,  and  Al?iram,  whom^  for  their 
Murmvltings^  God  fuddenly  funk  into  tiell  Fire,  might 
as  well  alledge  their  Sufferings  had  fome  Refemblance 
with  that  of  ihe  three  Children  in  the  Babylonian 
Furnace ;  and  Theiidas  a^td  Judas,  the  two  fnandi- 
cries  of  the  People^  in  the  Days  of  Cx\^i*s  X''^bute^ 
might  as  well  pretend  their  Caufe  to  be  like  the  Mac- 
cabees* 

Thus  Mr.  Pym  ended  the  fecond  Article  of  the 
Charge,  upon  which,  he  laid,  '  Were  imprinied 
Other  two  of  ibefe  fix  Charailero  of  Malice,  former- 
ly vented  ;  1.  e,  A  wicked  Intention  toiticieaie  his  . 
Majefty's  Difpleafure  againft  his  good  Subjeds  (o  re- 
fufing,  and  to  alienate  his  Heart  from  chc  reft  of 
his  Pepple:  Both  which  weie  Points  fo  odious, 
that  he  needed  not  to  add  any  furiher  Inforcemcnt 
or  Illuftration. 

M  .•?  The 


1  So    The  Parliamentary  'H r  s t or  t 

An.  4.  charlai.    The  third  Article  contained  three  Claufcs, 
162S.  I.  <  That  the  Authority  of  Parliament  is  not  ne* 

ceflary  for  the  raifing  of  Aids  and  Subjidm. 

2.  •  Tiiat  the  flow  Proceedings  of  foch  AflecB-' 
blies,  are  not  fit  to  fupply  the  urgent  Ncceffityi:^ 

,      the  State.  '    > 

3.  «  That  Parliaments  arc  apt  to  produce- fuitify* 
Impediments  to  the  juft  Defigns  of  Princes^  ttlra 
give  them  Occafion  of  Difplcafurc  ahd-DifWonlent.*^ 

For  Proof  of  all  thefe  Pofitions  Mr.  Pym  a!W^ 
two  Places,  containing  the  two  firft  of  thbfe  fix 
Confiderations,  which"are  propounded  by  the  Doc- 
tor, to  induce  the  Refofers  to  yield  to  the  Loap, 
in  his  firft  Sermon,  (p.  2j6,  27.)  *. 

Firft,  If  they  would pkaje  to  conftder^  that  ihottgb 
fuch  AJjhnhliei^  as  are  the  higheji  and  greatejl  ^ipre\ 
fentattons  of  a  Kingdom^  be  moft  facred  anah^Hour^^ 
tie:,  and  neajfary  alfi  to  thofe  Ends  to  which  th^  iVere 
atfiiji  in/iituted\  yet  know  we  mujl^  that  they  w^'^e 
not  ordained  to  this  End,  to  contribute  any  Right  \o 
Khgs,  whereby  to  challenge  tributary  Aids  andfubji^ 
diary  Helps ;  but  for  the  more  equal  impofmg^  and 
mdre  eafy  e^caSfing^  of  that  which  unto  Kings  doth  af^ 
pertain  by  natural  and  original  Law  and  Juftia^  as 
their  proper  Inheritance  annexed  to  thetr  imperial 
Crowns  from  their  Birth.  And  therefore^  \f%  by  a 
Magijirate  that  is  fupreme^  upon  Necejfity  extreme 
and  urgent y  fuchfubftdiary  Helpi  be  required^  a  Pro- 
portion  being  held  refpe5iively  to  the  Ability  ofiloe  Per^ 
foiTS  charged ;  and  the  Sum  and  ^antity  fo  required 
fur  mount  not  ^  too  remarkably^the  Ufe  and  Charge  for 
which  it  was  levied ;  very  hard  would  it  be  for  any 
Man  in  the  Worlds  thatjbould  not  accordingly  fatify 
fuch  Demands^  to  defend  his  C onfiieHce  from  that  hea* 
*uy  Prejudice  ofrefifting  the  Ordinance  of  God^  and  re* 
ceiving  to  himf elf  Damnation  \  though  eveiry  of  thofe 
Citcumflances  be  not  ohferved^  which ^  by  the  munici* 
pal  Law ^  is  required. 

Secondly,  l)  they  would  confider  the  Importuhities 
that  often  may  be  urgent ^  and  pr effing  NeceJJities  of 
State  that  cannot  flay  without  certain  and  apparent 
Danger  J  for  the  Motion  and  Revolution  of  fo  great 

and 


0/    E  N  G  L  A  N  D.      i8£ 

andva/i  a  Sodyy  asjuch  Affemhlies  are ;  nor  yet  abide  An.  4.  chariw  i. 
the'r  long  dndpaupng  Deliberation  when  they  are  af-  '^*' 
Jembled^  norftand  upon  the  anfwering  cf  thofe  jealous 
and  over -wary  Cautions  and  Obje^liom  made  by  fame ; 
who^  wedded  over-much  to  the  Drue  of  ep'demical  and 
popular  Err  or 5 y  and  bent  to  crofs  the  moftjufl  andlaw'^ 
ful  Defigns  of  tieir  ivife  and  gracious  Sovereign^'  {and 
that  under  tbeplaufible  Shews  of  fingular  Liberty  and 
Freedom)  would y  if  their  Confiience  might  fpfaky  ap- 
pear nothing  more  than  the  fatisfying  either  of  private 
ifumourSj  Paffjons,  or  Purpofes. 

Here  Mr.  rym  obferved,  *  He  needed  not  draw- 
any  Argument  or  Conclufions  from  thefe  Places  j 
the  Subllanceof  the  Charge  appearing  fufficiently  in 
the  Words  themfelves:  And  to  this  third  Article  he 
fix^'  two  other  of  thefe  fix  Charafters  of  Mahce, 
•  wV,  That  it  is  his  wicked  Intention  to  avert  his 
Majelly's  Mind  from  oilling  of  Parliaments,  and 
to  cauie  Jealoufies,  Seditions  and  Divifions  in  the 
Kingdpni ;  which  he  enforced  thus : If  Par- 
liaments, faith  he,  be  taken  away,  Mifchiefs  and 
Difofders  muft  needs  abound,  without  any  Poffibi- 
lity  of  good  Laws  ta  reform  them ;  Grievances 
will  daily  increafe,  without  Opportunities  or  Means 
to  rcdre6  them :  And  what  readier  Way  can  there 
be  to  raife  Diftraftions  betwixt  the  King  and  Peo- 
ple; and  to  create  Tumults  and  Diftempcrs  in  the 
State,  than  this  ?* 

And  fo  he  concluded-  this  third  Article  of  the 
Charge, 

Next,  the  Limitations,  the  Doftor  had  provi- 
ded to  juftify,  or  at  leaft  to  excufe,  himfclf,  were 
propounded  to  be  three. 

!•  *  That  he  did  not  attribute  to  the  Kins  anv 
fuch  ablblute  Power,  as  might  be  excrcifcd  at  all 
Ti^cs,  or  upon  all  Occ^ifions,  according  to  his  own 
Pleafure;  but  only  upon  Neceflity  extreme  and 
urgent. 

2.  *  That  the  Sum  required,  mull  bn  proporti^ 
onAb^c  to  :he  Abiliry  of  the  Party,  '.iiid  tu  V.\c  Uij? 
,u*id  Ocf.va'ion. 

M  3  3.  ^  Tha; 


An.  4  Chjtlei  I.  3.  *  That  he  did  not  fay,  That  .the  Subftanpe 
i^jS-  pr  the  Municipal  or  Natioiul  Laws  might  be  0- 
mitted  or  iie^Cfled  ;  b«t  the  Circumftanccs,  only.' 
To  ihcje  were  offerecl  three  Anfweta,  ,llie  firft 
General,  I'hc  othpr  twp  PauicuUr.  The  genejsl 
Anfwer  was  this,  '  Tiat  it  is  all  oce  to  leave  tfie 
Power  ahlolutc,  and  [o  leave  ihe  Judgment  atbitta- 
ry  when  10  execute  that  Power ;  lor,  al^^ugh 
there  Liinilations  Qiould  be  admitted,  yet  k'  is  left 
to  the  Kingabne  to  detcrmitie  what  is  an^rgeiil 
and  prefliiigNccediiy  ;  and  what  is  a  juft  Propor- 
|ion,  boUi  in  refpeft  of  ihe  Ability,  anil  of.  t!;c 
Ufe  and  Occafjon  ;  and  what  Q(all  be  faid  to  .he  a 
Circumftance,  and  wh;it  IheSgblUoce,  oftlieLaiK- 
Thus  the  Subjeil  is  left  without  Remedy  ;  and.^lT 
legal  Bounds  being  taken  away,  no  privatcPpi/^ 
thall  be  allowed  to  oppofe  his  own  paitifularC 
nion,  in  any  of  thefc  Points,  to  the  King's  K 
lution  ;  Co  ihat  all  tfeefe  Limitations,  thbygfeij 
cioii?  in  Shew,  are  in  Effed  fruitlefs  and  Wq-Vi 
The  firft  paiiicuUr  Anfwer  'applied'  tQ  liuti 
pitation  of  urgent  Necelfity,  was  taken  "frqin  tllS 
Cafe  of  NcrmanJy ;  as  it  appears  in  the  Commeii- 
laries  of  GuiUam  Jerernii,  upon  the  cuftomarv  Laws 
of  that  Duchy :  They  having  been  opprels  d  with 
fome  Grievances,  contrary  to  tlieir  FrancHfe,  made 
their  Complaint  16  Lewis  X.  who,  by  his  Charter, 
in  the  Year  131 4,  acknowleilging  the  Right  and 
Cuftom  of  the  Cpuntfy,  and  thiit  they  had  been 
unjuflfy  grieved,  did  grant  and  provide,  *That, 
from  thence- forward,  they  Ihould  be  free  from  all 
Sublidies  and  Exadlions,  to  be  impofed  by  him  and 
his  Succellbrs ;  yet  with  this  Claiife,  Si  NiiisJ^itie 
grande  ni  k  riquirtt ;  which  fniall  Exception  jialh 
devoured  all  thijle  Imipuniiies:  For  though  ihefe 
$rate^  meet  every  Year,  yet  they  have  little  or  00 
Fowcrlel'i,  but  to  igree  to  luch  Levies  as  the  Kifig 
will  pleafe  io 'make  upon  them.' 

The  feamt!  ainicul^r  Anfwer  applied  10  (lie  Lii 
^itation  and  piminution  of  this  fow'er,  which 
^lay  ^e'i-reien(!ed  lo  he  made  hy  this  Word,  ClfT 
i'^'mi{u'.:r,  fas  li  he  diJ  a<.knon ledge  the  Kii^.wj 


(^ENGLAND.       183-  f 

be  bound  to  Ihe  Siibftanceof  the  Law,  and  freeori-An.4-CbMi»it. 
fc  in  regatd  of  ibe  Manner)  was  ibis,  TTiat,  if  ibc  '*'*■ 
Places  be  obferved,  it  will  appear,  thac  he  ioKnds, 
W  that  Word,  Ikt  Ajjtmhly  of  ParliamenU,  and 
''Mintif  tbt  Pieplf  fot' (\^ch  Contribution,  which  !» 
^Beferj'  Subftance  of  the  Rig,ht  and  Liberty  bow 
iiOiieftion. 

'S^The  Circumftances  of  Aggravation,  obferved  0 
«  innexed  to  thts  Caufe,  were  thefe. 
'°^*'Tbe/^  from  the  Place  wliere  thefe  Sermot 
"^Cre  preached ;  the  Court,  the  King's  own  F' 
mily,  where  fuch  DoOiine  was  bel'ore  fo  well  b 
lieved  that  no  Man  needed  to  be  convened.     C 
this  there  could  he  no  End,  but  ci'.her  limoni.\ci 
byFfanery  and  Soothing  to  make  Way  for  his  own! 
Prefcrmcir ;  or  elle  extremely  malicious,  to  add 
■ew  AiHiilions  to  ihofe  who  lay  under  his  Majefty  9 
Wrath,  difgraced  and  imprifoned  ;  and  to  cnlirgtfl 
the  Wound,  which  had  been  given  to  the  LaWi^i 
ajid  Liberties  of  the  Kingdom.  J 

*  Thi  fecand  was  from  the  Confideration  of  bis'.l 
holy  Funflion :  He  is  a  Preacher  of  God's  Wordk'M 
and  yet  he  had  endeavoured  to  make  that,  whicV  J 
was  the  only  Rule  of  Jullice  and  Goodnefs,  to  b 
the  Warrant  for  Violence  and  QpprelTion.    IJe 
a  Mcflenger  of  Peace,  but  he  had  endeavoured  1 
(bw  Strife  and  Diflenfion  ,  not  only  amongft  pr 
vatePerfons,  but  even  betwixt  the  King  and  1 
People,  to  the  Dilliirbance  and  Danger  of  the  who 
State:  He  is  a  fpiriiual  Father,  but  like  that  c^  __ 
Father  in  the  Gofpel,  he  halh  given  his  Childrra 
Siones  inllead  of  Bread  ;  inftead  of  Flefli  he  ha  " 
given  them  Scorpions,     Laftly,  he  i%  a  Minifter  , 
the  Church  of  England,  but  he  hath  afted  ihe  Pa] 
od  Rtmijh  Jtjuit;  they  labour  our  nel\ruiil!oi 
by  iSllblvirg  the  Ouh  cf  Allegiance   taken  b» 
the -People;  'he  doth  the  Came  Work,  hy  diHoQJ 
ving  the  Oath  of  Proicdlion  and  Jufticc  taken  bjf"^ 
Ihtf  King, 

'  A  ihird  Point  of  Aggravation  was  drawn  rron\ 
the  Ou'alify  of  thole  Authors,  upon  whofe  .'\iilho- 
lity'lie  dotlfi  princijiaily  rely,  being  lot  the  moft  p:\rl 
f-  Friars 


•'jigi^tt^i(5'l.PnV?ati'4.I^f'*'m  and  fiooj  his  Fraud  and  Shift-* 
*'^"tVi:        iija,  injCU'mgeven  thofe  Aiwliors  to  Purpofea  quite 

^ifercp.t  ft03i  their  own  Meanings. 
,  '  Ttyjching  iffhicii  it  was  prcSimed,  that  moft 
■  qfhU  places  are  fych  as  were  jntendcj)  .by  the  Au- 

thor^ cqrice.tniD&  a^fol'Jte  Monarchiesi  noi  regu- 
^  lited  by  Laws  or  Conirafts  betwixt  the  Kmg  and 

B his  People:  And,  in  Anfwer  lo  all  AutborkieJ  of 

^^B  this  Kind,  wercaUcdgcd  certain  Pailages  of:)  Speech 

HH  from  out  UteSovereign  King  Jaipsf,  to  tha  tordg 

^EB  ap4  Coflimonsat  iVhitchall,  16051,  -viz- 

y  ^.,*,  I.n  ihefe  our  Times,  we  are  10  diflinguifh  be- 

!  '       \"">;WixC  the  State  of  Kings  in  their  firft  original ;  and 

'.^.Between  the  Slate  of  fettled  Kings  and  Monarchs, 
,  *-  ihat  do  at  thisTinje.govera  jn  civ tl  Kiingdoiiis,t^f . 

I  '  Every  jult  King,    in  ,a  fettled  Kingdom,   is 

*  hound  Jo  obfervethe  Paftion  made  to  his  People 

*  -by  liis  LawSi  in  ff;aming  liis  Government  agree- 
5-  4bls  ihsrs.untp,  ^c. 

*  All  Kings,  ihat  are  not  Tyrants  or.  perjured, 
'  .wi|J  beglad  to.bOAJnd  themfclyea  within  the  Limits 
a.pfcjtlvij  .L»*"Ji  and  they  thatpeifuade  them  to 
"'^^J^..co;itfary  are.  Vipers  aod  Pefts,  both  ag.iinlt 
"'":^tienj  and  .^iC  Com  mon- Wealth.' 
"'"  J'  *  ,it  w^Jiie/iiily  t:is(ajved,  lhit[in  the  aylh  Page 
Qf  his  ftrit  fierfin'onJ,  hg ,  cU«s  .thefe  Words,  Suarsz 
de  LegihiiitLih.  v-Cap,  yj.  Jc(spiat,:<imm Popuii ma 
e£s  Coitdhi&iiein  neajjiiiifim,  ex  vi  Juris,  naturctis 
out  Q'enliu{u,  nnqH''^"  J'i'''  canmuni.  The  Jefuic 
adds,.  Aiiw  ex  .(iiiliiiip  Jurg  H,ijpamie  ;  which 
Words  aje  kit- out  l)y  the  Doflpr,  iell  the  Reader 
might  Jie  jiivitad  (o  enquire  what  was  Antiquuvi 
JijiHijPai/ia:  j  tiough  it  might  have  been  learned, 
ifrom  ^Ihe  faqie.A.ijthpr,  in  another  Place  of  th.i: 
Woik,  That  about  two  hundred  Yciirs  fince,  this 
Ijibefty  wdsgr:iiited  to  (be  People  .by  one  of  the 
Kjng?,  That  CO  i'rihule  Oiouid  be  iinpoled  with- 
out (l^eir  Conlent.  And  this  AtiUior.adds  further. 
That,  after  iheLaw  introduced  and  confirmed  by 
puftojn,  ihe  Kiiig  ia  bound  to  obltruc  it,'  From 
Ibis  Pl-ice  Mr.  Pym  took  Oi-Cdion  lu  make  this 
jlju'tDigKlliun,  '.  That  the  Kii-psof.?/irt'iV/,  hdn§ 
""i'-ir.  i     '  poweriuj 


powerful  and  wIftPrmees,  woiillneverliavepatt-A^*-'*****' 


ed  with  fuch  a  Mark  of  abfolute  Royalty,  if  ibey 
had  not  found  in  ihisCourfe  more  Advantage  liian 
in  the  other;  and  the  Succefs  and  Profperityof  that 
Kingdom,  througli  ihe  Valour  and  Induftry  of  the 
Spj»//ft  Nation,  fo  much  advanced  fince  that  Time, 
do  manifeft  (he  Wifdom  oFthit  Change/ 

The  third  Obfervation  of  Fraud,  in  perverting 
hia  Authors,  was  this,  '  The  Do^r  cit«  (in  the 
aoth  P^c  of  his  firft  Sermon)  ihefe  Words  out  of 
the  fame  Suarez,  df  Legibus^  Lib.  v.  Cap.  15.  FeK 
300.  Tributa  eje  maxime  nafuralia,  Hfrafiftr- 
ft-jujlitiant,  quia  exiguntur  df  Reka  pripriis ;  this 
hepioduccth  in  Proofof  the  juft  Bight  of  Kings  to' 
lay  Tributes.  And  tioMati,  that  reads  it,  doubts, 
but  that,  In  the  Opinion  of  Suarez,  the  King's; 
Intereft  and  Property  in  ihe  Goods  of  his  Subje&» 
is  the  Gtound  of  that  Juflice  ;  but  the  Truth  ij, 
Tliat  Snarcz.,  in  that  Chapter,  had  diftributcd  Tri- 
butes into  divers  Kinds,  of  which  hecalls  oneSorti 
Tribiaum'TcaU,  and  defcribes  it  thus,  SoUni  ta  mcari 
Ftnftiites  gtf.tda/n,  qtix  penduntur  Rtgibus  iif  Prin- 
fipibut  ex  Terrii  W  Agrii^  gua  u  Prinejpii,  adSu^en~ 
tst'ionem iHerum appiitatafuerunt ;  ipfiverein Feodum 
inaliisea  donaruni  fiib  terta  Psnfmne  annua,  jsar, 
yure  eivilif  Canen  apptllari  filei,  quia  ccrta  Regula 
fcf  Lege  praferipta  erat:  So  that  the  Iflbe  is,  That 
this,  which  Suarez  aRirms  for  Juftification  of  oilp 
Kind  of  Tribute,  which  is  no  more  than  a  Fee- 
Farm,  or  Rent,  due  by  Refervation  in  the  Grant  of 
the  King's  own  Lands,  the  Doflor  herein,  worfe 
than  a  Jcfuit,  doth  wreft  to  the  Juftification  of  all 
Kinds  of  Tribute  exacted  by  Impofition  upon  the 
Goods  of  the  Subjeds,  wherein  the  King  had  no 
Jntcreft  or  Property  at  all.* 

The  laft  Aggravation  was  drawn  from  hts  Beha- 
viour fince  thefe  Sermons  preached,  whereby  he  did 
c-ontinueftiil-to  multiply  and  increafehis  Offence; 
yea,  even  lince  the  fitting  of  the  Parliament,  and' 
hi9  being  queftioned  in  Parliament!  upon  the '4th 
•  pf  M'ly  laft  he  vas  fo  bold,  as  to'publifh  the  (ame" 
Doflripe 


ifil< 


I 


I 
I 


'4»,4.CfcMfe»>.Dwafincih  his  ■own  Pariih  Church  of  St.  G!!tri 
**"*'       ibe  points  of  which  Sermons  areihefc. 

.  •  That  \bt  King  had  Right  to  order  all,  as  to 
I  *  him  ftiould  fcem  good,  without  any  Man's  Con- 

I  *  That  the  Ktng  might  require,  in  Time  ofNc- 

t  *  ceffiiy,  Aid  {  and  if  the  Subjetls  did  not  lupply^ 

[  *  the  King  might  juftly  avenge  it. 

I  •  That  the  Properly  of  Eftnes  and  Goods  was 

[  '  ordinarily  in  ihe  Subjeft  J  but  extraordinarily,  tJial 

I  *  is,  in  cafe  of  ths  King's  Need,  the  King  hath 

*.  Right  to  difpofc  ihcm." 

^  Thefe  Alieriions  in  that   Sertnoni    he  faid, 
would  be  proved  by  very  good  Tcftimony  ;   and 
i  therefore  he  defired  the  Lords,  That  it  might  be 

t-  carefully  examined  ;  becaufe  the  Commons  held  it 

I  lo  be  a  great  Contempt  offered  lo  the  Parliamenti 

foe  him  to  maintain  ibat  fo  publickly,  which  wai 
I  liere  questioned. 

*-  They  held  it  a  great  Prefumption  for  a  private 
Divine  to  debate  the  Riglit  and  Power  of  the  King ; 
which  is  a  Matter  of  fuch  a  Nature,  as  to  be  hand- 
led only  in  this  High  Court,  and  that  with  Mode- 
ration »id  Tcndernefs.  And  fo  he  concluded  that 
Point  of  A^ravation. 

'  Lq/l!y,  He  produced  fome  fuch  Precedents  as 
might  teftify  what  the  Opinion  of  our  Anceftors 
would  have  been,  if  this  Gate  had  fallen  out  in  their 
Time  J  and  herein,  he  faid,  He  would  confine 
himfelf  to  the  Reigns  of  the  firll  three  Edwards^ 
two  of  them  Princes  of  great  Glory:  He  be^n 
with  thecldeft.  Ifefl.  1.  Cap  34. 

"■  By  this  Statute,  3.  Edward  I.  Provifion  wai 
made  againft  ilioie  who  fliould  tell  any  fall'e  News 
or  Device,  by  which  any  Difcord  or  Scandal  may 
srjfebetwixi  thcKing,  his  People,  and  great  Men 
of  the  Kingdom. 

■ '•.Aj .iy.  Sdivuid  \.  Rot.  Pari.  N.  10.  it  was 
dpdarcd  .by  the.  King's  Proclamation,  fent  Into 
all  the  Counties  of  England,  That  they,  that  report- 
ed that  he  would  no:  obleryc  the  Great  Cliarter, 


I 


Of    ENGLAND.      187 

vere  malicious  People  j  who  dcficed  to  pot  Trou-  Aa.4- 
fcle  and  Debilc  betwixt  the  King  anil  bis  SiiWefta, 
and  to  diftutb  the  Peace  and  good  Eftate  of  the  feing, 
the  People,  a^  the  Realm. 

'  In  5.  Edward  \l.  Inter  novm  Orfmatmtst 
Unry  dt  Biemend,  for  giving  l^  Kins  ill  Counfel 
agaiaft  his  Oathj  was  put  fruni  (he  Council,  amd 
rcftrained  from  coming  into  (he  Preieiiee  of  the  King 
ijnder  Pain  trf  Confifcation  and  Baniflimeni. 

«  Py  19.  Edward  II.  Clauft^  Mtm.  a6.  «  /)«-/ 
(pommiffiwis  were  granted  to  inquire  upon  the  Sta- 
tute of  Wifi.\-  touching  the  Spreading  of  News, 
whereby  Difcord  and  Scandal  oiight  grow  betwixt 
the  King  and  his  People. 

*  Jn  10.  Edward  III.  Ckufi;  At.  16.  Procla- 
inatifit]  w,e[it  out  to  arrcft  all  them  who  had  pre- 
fumed  to  report.  That  the  King  would  lay  upon 
fhe.  WooU,  cenanSums,  befides  the  antieot  and 
due  Cuftoms ;  where  the  King  calls  thefe  Repcq-ts^ 
Exjui/ita  Mendacid,  &c.  qua  ton  Ionium  in  ptitli- 
cam  Lafivtem,  fed  in  trnjirum  ndunt  Damnum^  (tf 
Diflidis  T'lariijyium, 

*.Id  li.  Edward  ill.  Rtt.  Almaniee.  The 
King  writes  to  the  y\rchbi{hop  q{  Canterbury,  tx- 
cufmg  himfelf  for  fome  Impofitions  which  lie  had 
laid,  profefling  his  great  Sorrow  fur  it ;  defires  ihe 
Archbifhop,  by  Indulgences  and  other  Ways,  (o 
^r  up  the  People  to  ptay  for  him,  hoping  that  God 
would  enable  him,  by  iomc  fatisfaflory  Benefit,  to 
make  Amends,  and  comfort  hii  Subjcfls  for  ihofc 
pie  flu  res. 

*  To  [hefe  temporal  Precedents  of  antient  Times 
which  were  alledged,  he  added  an  Ecclefiaftical 
I^recedent  out  of  a  Book  called  PupiUa  Otuli,  be- 

'  ing,.publilhed  for  the  Inftruiflion  of  Confefiors,  in 
Ihe  Title  De  PjriUipantihus  <um  ExiBti^mwiicatis, 
Foi  59.  All  the  Articles  of  Magna  Charta  are  in- 
ferted  with  this  Direftion,  Has  Jninih  tgntrare 
mi  debility  gmbm  incunibit  Cenfejfsanes  audire,  ir^rs, 
Pr-ivinfiam.  Cajituarieiijem. 

*  He  iikewife  remembered  the  Proclamation, 
8^"  y.arjhl,  for  the  calling  ia  and  burning  of  Dodior 

Cswel'y 


'■M 


I 


'iia.'ii..Q}ra\d\.Cmiil's  Bob!:,  for  which  ihefe  Rearoiis  are  gIveJEf 
liiS.        i  J^g^  mifekin'g  the  true  State  of  the  Parliament 

*  ofifielftng&ffl,  and  fuadamental  ConftitutiMl 

*  and  Ptivjlpges  iliereof :  For  fpiaftlng  Irreverentljr 
*'^'t1  the  Common  Law,  it  being  a  Thing  utterly' 

*  tirirawful  for  any  Subject  to  ff*ak  or  write  dgainS ' 
"■•''ihaT  LaV'uiiaer  wliich  he  livetl^,  afid  to  'wtWl 

*  w^  are  fwarn,  and  refolve  to  Maintain  (?).'    '■' 
*_From  thereptecedentshecollefted,  thatifftf^ 

riiEf  Parliaments  were  fo  careful  of  falft-Rumouis 
I  and  felew's,  they  would  have  been  much  more'  ftl^» 

I  deFof  Ciich  Doflrines  5s  tliefe,  which  might  pro* 

duce  greit  Occafions  of  Difcord  betwixt  the  kIi^  ' 
!'  and  lus  People- 

' .  '*■  •  Tf  lhore,who  reported  the  Kingwouldlay  Impo- 

ffiSftiis,  aAd'bre^k  his  Laws,  were  thought  fuch  na- 
f  Soits^  Offenders ;  how  much  more  fhould  theMafi 

%c6il"denftied,  who  perfuaded  th6  King  he  is  BOt 

tound  to  teep  thofe  Laws  ?  If  ihat  great  King  Wiis 

To"  far  frAifl  challenging  any  Right  in  this  Kind,  . 

that  he  prarefTed' h1"s  own  Sorrow  and  Repentant'e 
I  forgrici'irg  his  Subjefts,  witii  unlawful  Charges'? 

I         -  I/Confellbrs  were  enjoined'to  frame  the  Confcienc^s' 

I  of'the People  to  the  Obfcrvances  of  ihefe  Laws;  «f- 

I  tatnly  fuch'Doiflrinc,  and  (iich  a  Preacher'  as  ihlrf, 

I  womd  Iflivt'been  held  moft  ftrange  and  abominable 

in  aJI  thofe 'Times?* 

The  third  general  Part  was  the  Concbfiofi  'or 

Prayer  of'the  Commons,  which  cOnfilled  of  ibr^e 

Claufes.' 

*  f/rj"?.  They  referi'cd  to  themfelves  Liberty  (Jf 
any  otheV'Accufaiiori ;  and  for  this,  he  faid.  There 
W'grCiirReifcm,  that  as  "the  Dodlor  multiplied 
KsOfRrideJ,  fo' they  may  renew  their  Acculaiions, 

*  Semtidl);  They  fave  to  ihemfelves  Liberty  of 
replyitig  to  IjisAnfwcr ;  !or  they  had  great  Caufe 
to  think  that  he,  who  would  fliift  fo  tnuch  in  of- 
fending, would  (hift  much  more  in  anfwering. 
'  '  '  7%'Niy,  They  defire  he  might  be  brought  to 
Examination  and  Judgmcnti   this  they  thought 

','.    .     '   ■  W0414 


Of    ENGL  AND.      i8^ 

vrouH  be  very  important  for  the  Comfort  of  the  ao-4-  dwfcii 
prefent  Agp,  and  for  theSecurity  of  the  future  agamft       '**' 
fuch  wicked  and  malicious  Praflices.'   And  fo  l^r« 
Pjr»f  concludedj  *  That  feeing  the  Caufe  had  Strength 
enough  to  maintain  itfelf,  his  humble  Suit  to  their 
Lordfbips  waS)  That  they  would  not  obferye  his 
Infirmities  and  Defers ;  to  the  Diminution  or  Pk'e*    - 
judice  of  th^t  Strength/ 

The  Cbnclufion  of  this  Affair  will  fall  in  the  Str 
quel  5  but  we  fhall  now,  again,  proceed  with  the 
more  material  Buiinefs  of  this  Seflion,  which  was 
the  confequential  Part  of  the  Petition  if  Right. 

It  may  well  be  imagined,  that  the  King  was  no 
Ways  pleafed  with  the  Slight  the  Commons  put 
upon  his  laft  Meflage  to  them ;  and  this  Day,  Junts^ 
when  the  Lords  were  met,  his  Majefty  fenc  to  re- 
quire the  Lord-Keeper  to  come  to  him  immediate- 
ly. Who,  after  fome  Time,  being  returned,  his 
Lordfhip  fignified,  *  That  it  was  the  King's  Plea- The  King's Mrf 
fure  that  the  Houfe,  and  all  Committees,  fhould  be  ^8e/«i«i«?8^»« 
adjourned  to  the  next  Day/  ^'^'  '^^J^ 

After  the  Delivery  of  this  Meflage,  the  Lords, 
doubting  that  there  would  be  a  fudden  Diflblution 
of  this  Parliament,  fell  into  Debate  and  Confidera- 
tion  of  the  weak  Eftate  of  the  Kingdom,  and  of 
the  Friends  and  Allies  to  it  abroad ;  together  with 
the  great  Strength  of  the  Houfe  of/fujlriay  the  King 
of  Spain's  ambitious  Afpiring  to  Monarchy  ;  and, 
at  this  Time,  his  great  Preparations  for  War» 
Thta  being  freely  debated,  the  Houfe  was  moved  to 
name  a  feledl  Committee  to  prefent  the  fame  to  his 
Majefty,  and  the  Danger  likely  to  enfue  to  this 
Kingdom,  if  the  Parliament  (hould  be  now  diflbl- 
ved,  without  any  happy  Conclufion  towards  refift- 
ing  the  impending  Evil.  But  the  Houfe  being  in- 
formed, by  feveral  Lords  of  the  Privy  Caucil  then 
prefent.  That  there  was  no  Caufe  to  apprehend  or 
fear  any  fudden  Diflblution  of  this  Parliament,  the 
naming  of  the  Committee  was  deferred  for  that 
Time. 

The 


Drlndding  theln 
)  medaic  with 
of  State. 


ijip^^  TMP^tUamentaryiiisroTLY 

i&.'i^'CNr]bir  -'^^  ^^(>K  ^7  ^c  Commons  receiTed  another  - 
i^fiSU-      Mei&ge  from  iM  King,  which  the  Speaker  deli- 
vered u^  thefe  Words, 
lit  Mefftge  to  .;*Hi8l^ijeftywilhe(Ith^mtofcniembfcrtheMef- 
b.  Common,     v  j^gj  jj^  jjjft  {^^  thciiu  by  which  he  fet  a  Day 

for  the  End  of  this  Seluon ;  a&tt  he  commanded 
the  %seaker  to  let  them  know,  That  he  will  tet- 
tainly  hold  that  Day  prefixed  without  Alteration  ; 
and  becaiife  •  that  cannot  be,  if  the  Houie  enter- 
tain mots  Bufinefs  of  Length,  hq  requires  them^ 
Tbafthey  enter  not  into»  or  proceed  with  any 
new  Bufine^  which  may  fpend  greater  Time, 
or  which  may  lay  any  Scandal  or  Afperlion  up9n 
theSute^Qovcrnmeat)  or  Minilleh  thereof/ 

On  which  Meflage  enfued  the  following  De^ 
^..       ^    batc(r).  '  ^ 

Sl't^ff  *"  fir  Roiirt  Philips  exprefledliimrelf  tlius :  *  1  per- 
ceive.  That  towards  God,  and  towards  Man^  there 
is  little  Hope,  after  our  humble  and  careful  Endea- 
vours, feeing  our  Sins  are  many  and  fo  great :  I 
confider.  my  own  Infirmities;  and  if  ever  my  Paf- 
lions  were  wrought  upon,  it  is  now.  This  Mef- 
fage  flirs  me  up  i  efpecially  wlien  I  remember  wit^ 
what  Moderation  we  have  proceeded.  I  canhoc 
but  wonder  to  fee  the  miferable  Strait  we  are  now 
in :  What  have  we  not  done  to  have  merited  ?  For- 
mer Times  have  given  Wounds  enough  to  the  Peo- 
'  ple*8  Liberty :  We  came  hither  full  of  Wounds, 
and  we  have  cured  what  we  could :  Yet  what  is 
the  Return  of  all,  but  Mifery  and  Defolation  i 
What  did  we  aim  -at,  but  to  have  ferved  his  Ma- 
jelly,  and  to  have  done  that  which  would  have 
made  him  great  and  gtoripus  ?  tf  this  be  a  Fault, 
then  we  are  all  criminous  s  What'-flliall  werdo,  fince 
ouc  humble  Piicpofes  are '  thus  prevented,  which 
wereiiot  to- have* laid. any  AQxffioh  oh  the  Go- 
vernment, for  they  tiended  to  (10  other  End,  but  to 
give  bis  Majefty  *  tfue  Informatton  of  his  and  our 

Danger  ? "  " 

» ■   ■  ■ 

(r)  From  Kyjhtvortb,  except  the  feteral  Speeches,  anfl  Part*  of 
Speeches,  diftinguiflied  by  an  Aflerifm,  >^hich^art  fupplicd  trum  k 
mmnujcn^t  out  of  tie  llarlejan  Library, 


0/^    E  N  G  L  AN  D.      iji  ■ 

Danger  ?  And  lo  ihis  we  are  enforced  out  of  a  ne-  *«■  4-^v^t 
teffary  Duty  to  the  King,  our  Country,  and  to  '"'• 
Pofteriiy  i  but  we  being  flopped,  and  flopped  in 
fuch  Manner  as  we  are  now  enjoined,  rauft  leave 
to  be  a  Council.  I  hear  this  with  that  Grief,  as 
the  faddeft  Mellage  of  the  greaieft  Lofs  in  the 
World.  But  let  us  ftill  be  wife,  be  humble,  let 
us  make  a  fair  Declaration  to  the  King. 

■  Let  us  prefently  inform  his  Majefty,  That 
our  firm  Intents  were  to  fliew  him  in  what  Danger 
the  Common-WeaUh  and  State  of  Chrijitadam 
Hands;  and  therefore,  fmcc  our  Counfela  arc  no  bet- 
ter acceptable,  let  us  beg  his  Majefty's  Leave,  cvc- 

.  ry  Man,  to  depart  Home  ;  and  pray  to  God  to  di- 
vert thofe  Judgments  and  Dangers,  which,  too 
fearfully  and  imminently,  hang  over  our  Heads.' 

Sir  John  EUiot.  *  Our  Sins  are  fo  exceeding 
great,  that  unlefs  we  fpecdiiy  turn  to  God»  God 
will  remove  himfelf  further  from  us;    ye  know 

I  with  what  Affeftion  and  Integrity  we  have  pro- 
ceeded hitherto,  to  have  gained  his  Majefty's  Heart ; 
and,  out  of  the  Necellity  of  out  Duty,  were  brought 
to  that  Courfe  we  were  in :  I  doubt,  a  Mifreprefen- 
taiion  to  his  Majelty  bath  drawn  this  Mark  of  his 
Difpleafurc  upon  us :  I  obiervc  in  the  MeQage,  a- 
mongft  other  fad  Particulars,  i(  is  conceived.  That 
we  were  about  to  lay  fome  Alperfions  on  the  Go- 
vernment ;  —  Give  me  Leave  to  proteft.  That  fo 
clear  were  our  Intentions,  that  we  dcfire  only  to 
vindicate  thofe  Diihonours  to  our  King  and  Coun- 
try.— It  i*  laid  alfo,  as  it  we  caft  fome  Afpcrfians 
on  his  Majefly's  Miniflers :  1  am  conhdeni  no  Mi- 

nilter,  how  dear  foever,  tan 

Here  the  Speaker  ilarte<i  up  from  ibe  Chair,  and. 

tpprehonding  Sir  Jahn  Elliot  intended  lo  fall  upon  ■ 
he  Duke,  tiff,  faid  {s).  There  is  a  Cmmani  hid 
up9ri  mt,.  7e  jnltrrupt  efiy  that  Jhauld  g»  abeut  la  I'jv 
an  Ajperfm  on  the  Mmjlerijf  Stgu.  .  '  . 

Upon  this  Sir  John  EUiot  fat' down:   And  Sir 

Dudley  Diggs  iiid,  *  '  That  unlef*  we  may  I'peakof 

thd« 

(>)  The  Mat<^^titt  uUl,  Wih  1c»r.  in  hi,  Eya. 


I 

I 


^^  i^a    TheTariiamentafyHiSTOiiY 

^a.4^Chii\hi.  thefe   Things  in  Parliament,    let  us  arife  and  he     ' 
»«i!,        gone,  or  fit  ft  ill  and  do  nothing;.' 

Hereupon  there  was  a  deep  Silence  in  the  Hoore 
•  for  a  while,  which  was  broken  by  Sir  Nathaniel 

Sjch  in  ihefe  Words : 

'  *  We  muft  now   fpeal:,   or  for  ever  hold  our 

L  ,  Peacej  far  us  to  be  filent,  when  King  and  King- 

^^_.  domare  in  thisCalamity,  is  not  fit.    The  Qyeftion 

^^H  is,  Whether  we  fhal!  fecure  ourfelves  by  Silence, 

H^P  yea  or  no  ?  I  know  it  is  more  for  our  own  Securfly, 

y  but  il  is  not  for  the  Security  of  ihofe  for  whom  we 

ferve;  let  us  think  on  them  :  Somelnftrumentsde- 

>  lire  a  Change,  Wo  fear  his  Majefty's  Safety,  and 

the  Safety  of  the  Kingdom ;  I  do  not  fay  we  now 

fee  it;  and  {hall  we  row  fit  ftill  and  do  nothing, 

and  fo  be  fcattered?  Let  us  go  to  the  Lords,  and 

(fliew  our  Dangers,  that  we  may  then  go  to  the 
King  logether,  with  our  Reprefentation  thereof.' 
Others  iaid,  '  That  the  Speech,  lately  fpokenby 
'  Sir  Jahn  Elliot^  had  given  OfFence,  -as  ihey  feared, 

.»  ID  hisMajefty.' 

Hereupon  the   Houfe  declared,  *  That  every  - 
'  *  Member  of  the  Houfe  is  free  from  any  unduttful 

*  Speech,  fromthe  Beginningofihe  Parliament  to 
^  *  that  Day;  and  Ordered,  That  the  Houfe  be 

I  *  turned  into  a  Committee,  lo  conlider  what  isfic 

I  *  to  be  done  for  the  Safety  of  the  Kingdom  j  and 

[  •  that  no  Man  go  out  upon  Pain  of  being  fent  to 

I  *  iheToiver.'  But  before  thfSpeaker  left  theChair, 

P  hedefiredLeavetogoforthforhalfanHour;  and  the 

'  Houfe  ordered  that  he  might  go  forth,  if  he  pleas'd. 

Then  the  Houfe  was  turned  into  a  Grand  Corti-"  ..^^ 
mittce,  Mr.  IVhitby  in  the  Chair.  ''  JM| 

Immediately 'after  the  Speaker-was  withdrawn,     ^^P 
Mr  Ktrlsn  faid,  *  '  The  King  is  as  good  a  Prihce*^'* 
I  a3  ever  reigned";  'tis  the 'Enemi.es' to  the  Common- 

' '  Wealth  that  haVe  fo  prevailed  w?th  him,  therefore' 

let  usaim  now  to  tiifcover  ihem ;  and  i  doubt  not, 
biit  God  will  fend  us  Hearts,  Hands,  and  Swords 
10  cut  all  his  and  our  Elliemie's  Throats.'  And  ad  J- * 
ed,  '  That  for  the  Speaker  to  defire  to  leave  the 
Houfe 


Of    ENGLAND.      1^3 

Houfe  in  fuch  a  Manner  was  never  heard  of  faeforci  An 
and  he  feared  would  be  ominous.' 

Mr.  tVandss/Brd.  *  I  am  as  full  of  Grief  as  others: 
Lei  us  recolleft  our  Engiyb  Hearts,  and  not  iitllilli 

but  do  our  Duties:  Two  ways  arc  propounded,  To 
go  to  the  Lords,  or  to  the  King.    I  think  i[  is  fit 
we  go  to  the  King,  for  this  doth  concern  our  Liber- 
ties, and  let  us  not  fear  to  malte  a  Remonftrance  of   ' 
our  Rigliis :  We  are  his  Counfelbrs,     There  ari"  J 
fotne  Men  which  call  evil  good,  and  good  evil,' 
and  bitter  fweet.     Jullice  Is  now  call'd  Popularity  ^ 
and  Faflion,'  A 

Sir  EdvJiird  Co&e.    '  We  have  dealt  with  ihat  ^ 
Duty  and  Moderation  that  never  was  the  like,  Ri- 
htts  fsc  Jlantlbus^  after  fuch  a  violation  of  the  Li-    ■ 
berties  of  the  Subjedt :  Let  us  take  this  to  heatr. 

*  In  the  30th  of  Edward  III.  were  they  then  in 
doubt  in  Parliament  to  name  Men  that  miiled  the 
King?  They  accufed  John  de  Gaunt,  the  King'* 
Son,  the  Lord  Latimer,  and  Lord  Nev'il,  for  mlfad- 
viling  the  King,  and  they  went  to  the  Tswer  for  it. 
Now,  when  th-jre  is  fuch  a  Downfall  of  the  Suie, 
thall  we  hold  our  Tongues  ?  How  ihall  we  anfwer 
our  Duties  to  God  and  Men } 

'  In  the 7 ih of  He'sry  IV.  Pari.  Foi.  N.  ■^i.  and 
31.  and  the  nth  of  Henry  IV.  N.  13.  there  the 
Council  ate  complain'd  of,  and  removed  ftom  the 
King,  becaufe  they  mewed  him  up,  anddifliiaded 
him  from  ibe common  Good:  AnJ  why  are  we 
now  to  be  tied  from  that  Way  we  were  iji  ?  And 
why  may  we  not  name  thotc  that  are  the  Cuufeof 
all  our  Evils  f 

*  In  the  4th  of  Henry  III.  and  the  27th  of  £1^- 
ward  III,  and  in  ihc  i;th  of  Bjibard  II.  the  Par- 
hament  moderated  the  King's  Pierogaiive ;  and  no- 
thing grows  to  Ahufe,  hut  this  Houfe  liaih  Power 
to  treat  of  it.  What  fhall  we  do  i  Let  us  palliaia 
Lio  longer  j  if  we  do,  God  will  not  profper  us. 

■*  I  think  the  Duke  of  Bueiisgham  is  the  Caufe 
of  all  our  Miferics;  and  tilt  the  King  be  informed 
thereof,   we  {hall  never  go  out  with  Honour, 


Vol.  VIII. 


N 


*n.4.pi.HkiL'Et '^'ith  Honour  here:  That  Man  is  ihc  Grievance 

iSiS.       of  Grievmces -■  Let  us  fet  down  the  CaulW  of  all 

our  Difalters, aril  ihey  wiHall  refleflnponhifn.  As 

fat  going  to  the  Lords,  ihat  is  not  Ha  Rfgia ;  om 

^^^  ,  Liberties  are  now  impeached ;  we  arc  deeply  con- 

^^H  Cein«d :  It  te  not  fia  Regia,  for  the  Lords  are  tiQt 

^^H  participiint  with  our  Liberties. 

^^B  *■•  It  is  not  the  King  but  the  Dute  (/)  that  faith, 

^^^H  ifi  require  yait  m  U  meddU  wish  State  GDVirntnent^ 

H^l  er  the  Mmjhrs  tktreof.  Did  not  hisMajefty,  whca 

^^^  Prince,  attend  the  Upper  Houfe,  in  our  Prolecu- 

t  tion  of  Lord  Chancellor  Bacon  and  the  Lord  Trca- 

Suter  MiJd/e/tK  ?'     „ 

*  Mr.  Ktrteij.    *  The  Duke  is  not  only  Admi- 
ral by  Sea,  and  hath  undone  all  the  Shipping  j  but 
h  afib  AJinirat  by  Land,  and  bath  ruined,  by  Op- 
(  pielfioii  and  Violence  at  home,  and  Connivance 

;  abroad,  the  whole  State  of  this  Kingdom  ;  and  his 

Treachery,  'lis  like,  will  overthrow  his  MajeRy,  be- 
ing that  he  will  not  fuffer  the  King  lo  hear  Truth ; 
r  for  he  that  fpeaks  Truth  to  his  Majefty  is  ruined  by 

^H  tiie  Duke.' 

H^H  *  Mr.  Shirknd.     '  Are  there  not  Perforts  in  the 

^^f  Court,  of  the  greateft  Quality,  that  are  Pcpilht  and 

^^L  "re  favo-ired  there?  Are  there  not  in  our  late  Ar- 

'  mies  and  Shipping  Pi^ifi  Commanders,  that  have 

had  the  greaiefl  and  cliiefeft  Truft  I  Is  it  probable 

there  can  be  any  Good  intended,  when  thofe  that 

^m   ^  ufc  the  King's  Power  feek  ^n  Utter  Suhverfion  of  our 

^^H  Religion  J  and  therefore  lei  fuch  be  voted,  at  this 

^^^1  Committee,  the  common  Enemiesof  the  Kingdom.' 

■■S  *  Mr;  Kiiizhtiy.    *  The  Duke  of  Bmkingham 

'        '  is  not  only  an  Knemy  to  this  Suic,  bm  to  al!  Chri- 

Jlehium  ;  and,  I  pray,  let  thai  be  put  to  Queftion.' 

*  Mr.  J/hbuniham.    '  I  cannot  be  filent  and  hear 

that  Man  fpokcn  of  j  and  1  pray  God  ih3l>  whilft 

I  you  are  fpeikingof  liim,  we  do  not  overthrow  our - 

Il-I ves,  Comnium  Pa iculum fftii  w.mwii  AuslUum' 

L.  •Mr. 


Oy    E  N  G  L  A  N  D.      ipj  ^ 

*  Mr.  Prymt.    '  It  is  not  the  Duke  of  Bu(i-f^a.^.c^3,laJ, 

iffgbam,  alone,  ihai  is  the  Caufe  of  ihefe  Evils,  but       «6ij. 
there  are  fome  oiher  great  Perfons  worthy  of  Biamci' 
•—But  he  could  not  be  drawn  to  name  them. 

*  Sir  Archr  Croft.  '  Take  away  the  Great 
One,  and  the  Reft  will  vanifli.* 

*  Sk  Kshrt  Pbiiips.  '  His  Majefty,  to  our  great 
^isFottuncSt  is  Hill  drawn  to  give  an  Anfwer  to 
CUT  Requefts,  contrary  to  his  good  Inicntions  j  and 
to-anfwer  us  by  d^rk  Oracles;  and  it  is  not: 
E^ing  QharUs  counfeliing  hlmfelf,  but  ill  Counfel. 
followed  that  is  given  him  by  ill  Counfcilors.  I£ 
we  have  named  my  Lord  of  Buckingham  lo  be  the 
only  Man  of  Guilt,  he  muft  chank  himfelf,  and  hia 
ili  Advices  to  ihe  King,  that  force  Men  lo  lay  him 

^IJll.lf'^itsier.  '  There  is  a  Common-Wealth  •■ 
otfapifts,  Nobility,  Gentry,  Clergy,  and  Com-   ' 
monaJty  thatfecvetheDakeconftanily:  InDiuryr 
Lane  there  are  three  Families  of  Papilb,   there 
reliding,    for  one   of  Proteftants ;    infomuch  at  • 
it.may  well  be  called  Liitle  Rom.     He  added,- 
■"Tiat  ooe  Morley,  a  Divine,  informed  him,  That    , 
Sir  aiUtt  4pfi(y  (a  Retainer  of  the  Duke'^)   had 
poilQ.ried  4000  Men  at  the  Iflc  of  Rhic^  by  f urnifli- 
intM-Viftuala.' 

4fdx.^£j4fl-    '  Let  a  Declaration  be  drawn  un-     , 
dejfoucHe^Si     I,  To  ex  pre  fi  the  Houfe's  duti- 
ful: Qjfiiage  .towards  his  Majeliy.    2,  To  tender' 
oiu  Ltt)?rJ,K&ll3at  are  violatej.     3.  To  prefent  what :  ■ 
tli^arpofe-  of  iho  Houfe  was  to  have  dealt  in. 
4,  Thst  that  great  PerfOn,  (the  Duke,)  fearing'. 
hunfelf  M>  be  qu^Llioned,  doth  mterpolc  and  cau4    < 
tnis.Pilti  action.  : 

'  All.thij  Timt  we  have  caft  a  Mantle  on  what . 
ivas  done  !aft  Parliament;  but  now,  being  diiven^  ' 
ag^in.  io.Jwk  on  that  Man,  let  us.^foceed  with 
ihativhich  was  then  well  begun ;  ani5  let  tiie  Charge 
be  repewed  that  was  made  laft  Parliament  agamft 
him,  ip  which,  he  made  an  Anfwer ;  but  ibe  Par- 
ticulars thereof  weri;  fo  ini"uflit;ienE,  thii  we  might 
denuntj  Judgment  on  that  very  Anfwer  only.' 

N  2  In 


N 


I  ^6    The  'PafiiametitaryHisYp\  t 

.chirtal.  ^"  Conclufion,  the  Houfe  aoroed  opoo  fevetil 
r4i8.  HeaJ^roncernlng  Innovation  in  Religion,  thk  Safc<i 
ty  of  (he  King  and  Kini^dom,  Mifgovemmenri 
Misforiunc  of  our  hie  Dtfigns,  with  the  Caal'cs  of 
tliem ;  And  whilft  it  was  moving  to  he  put  ro  ih« 
Queftion,  That  iheDa\Lc  of  Budingb'im  ChiH  be 
iniUnced  to  be  the  chief  and  principal  Caule  of  all 
rhufe  Evils;  the  Speaker,  who,  when  he  had 
Leave  togoout,wentprivaiely  to  the  King,  brou^t 
this  M«(ih^e,7hai  his  Majrjly  tommnHds,  for  the  pre- 
fiifli  thty  aiijaumthe  Houft lUlTB-menirw Manang^ 
and  ihni  ell  Csmmilttrs  ceajein  ihemtan  time. 
Aiiil  the  Houfe  was  accordingly  adjourned. 

■-■Jiineii.  the  Lord- Keeper  delivered  a  Meflage 
from  jhc  King  to  ihc  Lords,  in  ihefe  Words,  viz. 
<ing'jMtf-  -  *  His  Majefty  takes  Notice,  to  yoar  great  Ad- 
"""^■"'''VantaGe,  of  the  Proceedings  of  ihb  Houfe,  upon 
hearing  of  his  Melliigc  Ytfterday  j  and  he  accounts 
it  as  a  fair  RefpcdV,  that  you  would  neither  agree  of 
any  (Jommiitee,  nor  fend  any  Mefiage  to  himi 
iho'  -it  was  in  your  Hearts ;  but  yielded  yoiirfeiVes 
!o  his  Majefty's  Meflage,  and  deferred  your  OAtti 
Refoiutions,  until  you  fhould  meet  again,  at  the 
Time-hy  him  appointed.  Yet  his  Majefty  takes  it 
in  exrream  good  part  to  hear  what  you  mtendciJ; 
efpecially,  that  you  were  It)  fenfible  of  the  incon- 
veniences, ihni  might  cnfue  on  the  Breach  of  this 
Parliament;  which,  If  it  had  happened,  or  Ihould, 
hei-eafier,  happen,  hi^  Majrfty  afliires  himlclf  that 
he  thall-  Hand  cleat,  hefore  God  and  Man,  of  the 
Occafion.  But  hi<!  Majefty  faith,  you  hSH  juft 
Reafoii  to  be  lenfible  ot  the  Danger,  coniidcring 
how  the  Slate  of  ChTi/lcndom  ftandcth,  in  refpeftt 
of  the  Moltilude  and  Sirengih  of  our  Enemies,  ;an4 
Weaknefs  of  our  Party  ;  ;il!  which  his  Mnjefty 
t:no*!Very  exadly,  and,  in  rcfpcfll  thereof,,  called 
I ftis  Parliament.  TheParticui-^rs  hisMaicfty  holds 
It  needVfi  to  rccittf,  cffieeially  m  your  Lordffiip!, 
linCe  t^ifV  ?re  appren*  to  all  Men  ;  neither  will  it 
behcedriil  lo  i'craie.ihcm-to  hii  Majeftf,  whofe 
Catfs  aic  incd  iiiteniive  upon  liitm  a4id  the  befl 
Remedies 


rflfr>.BiNG  J.  A  N  D.       157 

fiemedics  that  can  be  thought  of  Tor  ihem, ,  if  his  ^n-,^  Chi^ 
Subjeda  will  do  llieir  Parts.     Therefore.hisMajefly      "'*'* 
gives  your  Lordfhips  hearty  Tlianks,  ^nd  bids  mo 
tell. you,  That  nothing  hath  been  mote  iircepfabla 
to  him,. a]!  the  Time  0/  this  Parliamfni,  than  iho 
duiiful  and  diie^  Proceedings  of  ihisHoufei  which 
lie  profeJlelh  halh  been  the  chief  Motive  to  hiii  Ma- 
jei^,  10  fufpend  thoie  lalcniionB  which  we;e  in. 
him,  not  far  from  a  Refolution.' 
•  The  fame  Day,  [he  Speaker  of  the  Houie  of 
l^ommons  brought  a  Mcflagc  from  the  King,  whlcl^r 
be  deUvered  to  that  HouTe,  as  follows ;  . 

'  In  my  Service  to  ihis  Houfe  I  have  had  many  Another  to  th«  1 
undeferved  Favours  from  you,  which  I  ihall  ever,  •^omnwr!!  by  ■ 
wUhoil  Humblenefs,  acknowledge  ;  but  none  can'  "'■^f"'^* 
be  greater  ihan  ihiil  Teftimony  of  your  Confi^ience, 
Yeilerday  fliewcd  unto  me,  whereby  I  hope  I  have 
done  nothing,  or  made  any  Reprelentation  to  hii 
Majetty,  but  what  is  fur  the  Hotiour  and  Service 
of  ihis  Houfe ;  and  may  my  Tongue  cleave  to  iho 
Roof  of  my  Mouth,  before  I  will  ipeak  (olhcDif- 
aiWantage  of  any  Member  thereof:  I  have  now  a: 
Menage  to  deliver  unio  you. 

*  WbercoifAs  Mdjtftydoth  undirjland,  thai  ye  did 
eonetivt  Hs  lajl  Menage  is  rejirain  yeu  hi  ygiirji^ 
Pr'nilegti :  Tbefe  are  to  dtfhre  hii  Intentions,  "That 
ht  had  no  Meaning  tf  barring  yoa  from  v/bat  haib 
bien  your  Right,  but  only  to  aveid  all  Smndali  aa  hii 
Comifel  and  Ailiimi  pafl  i  and  (hat  his  Mnljltis 
Ttigbiitet  ie,  ttar  bimjelf,  under  their  Nmnei,  tax- 
ed for  tbeir  Counfel  unto  hii  Aia}i!ly  ;  and  that  m 
fut^i  Particulanjbmid  be  tatfn  in  band,  m  vmuldojk 
jg.hngerlinie of  Carffideratii/ii  tbofi.ujbat  hf  balbfire- 
yiirod,  andJUil  refaivei  tohaldi  that fi,  for  thii'jinii, 
wi^Chrifteiidom  l»ight  t,ike  Noitfe  of  a  h/fft  i'an- 
■iHg  Sdznen  him  and  his  Peepis:  Wbuh  if  it  full 
!«?,  bii'M^t/ly  will  nit  be  kng  from  omther  Mect- 
jiigi  !A]hen  fu(h  GrievaniOi,  if  there  be  any,  at 
,ti^m^'£^Jiirt  and  Convenience  may  be  (onfdittd.. 

Mr.  Speaker  proceeded.  '  lu'illobfcrvelbmewh^t. 
OflCof  ihis  Mcllase  ;  Ye.  mnyobtevea  very  goci 
■  ,'     ■  Nj     ■  lncl> 


gam 


iii>.4,CMrk.l.  Inclination  in  his  Majcfty  towards  this  HouTc.  I 
leit.  was  bold  lo  take  Notice  of  that  Liberty  ye  g^re  me, 
Yeflcrdaj',  to  goto  his  Majelly;  1  know  there  arc 
none  here  but  did  imagine  whither  I  went ;  and  but 
that  I  knew  ye  were  defirous  and  content  Uiit  I 
fliould  Icaic  you,  I  would  not  havcdefired  ir.  Give 
jne  Leave  lo  fay,  This  Mcflage  bats  you  not  of 
your  Right  in  Matter,  nay,  not  in  Manner;  but 
it  reacheth  to  his  CounfeUpall,  ani!  for  giving  hita 
Counfel  in  ihofe  Things  which  he  commanded. 
It  is  not  his  Majcfty's  Intentions  lo  protcft  ar.jr  A- 
bcttor  of  Spain.  The  End  of  this  was,  that  ve 
might  meet  again  fweetly  and  happily." 

Sir  Rohrt  PHl-p,  upon  this  Mcfljge  being  di 
vtred  by  the  Speaker,  faid. 

*  I  rife  up  with  a  Difpofiiion,  fomewhat  in  m( 
Hope  of  Comfort  than  Ycfterday  ;  yet,  in  rtgai 
of  the  Uncertainty  of  Councils,  I  fhall  not  ch^ge 
much  :  In  the  lirft  Place  I  muU  be  bold,  without 
flatering,  a  Thing  not  incident  tome,  to  lell  you* 
Mr.  Speaker,  you  have  not  only,  at  all  Times,  di(- 
charged  ihe  Duty  of  a  good  Speaker,  but  of  a  good 
Man ;  for  which  I  render  you  many  Thanks. 

*  Another  Eefpefl  touching  his  Majcfty's  An- 
(vrcr  loam  Pel  itien;  Firjt,  If  that  Anlwcr  fallout 
10  be  fiiort,  I  free  his  Majefly;  and  I  believe  his 
Refoludon  was.  To  give  that  which  we  all  expeflcd ; 
But  in  that,  as  in  others,  we  have  fufFered,  by  rea- 
fon  ofinterpofed  Perlbns  between  bisMajeftyand 
us  ;  but  this  Day  is,  by  intervenient  Acc^cnts,  di^ 
verted  from  that,  but  fo  as  in  Time  we  go  lo  his 
Majefly;  Thcrelore  let  us  remove  thofe  Jealoufiei 
in  his  Majelly  of  our  Proceedings,  that  by  fpmc 
Men,  overgrown,  have  been  mifpiefented  :  We 
have  proceeded  with  Temper,  in  Confidence  of  his 
Majefty's  Goodnefs  to  us  and  our  Fidelity  to  him; 
And  ifany  haveconfttued  that  what  we  have  done 
hath  been  done  out  of  Fear,  let  him  know,  we 
came  hither  Freemen,  and  will  ever  rcfolve  to  en- 
sure ihe  worft;  and  ihey  are  poor  Memhat  makB 

fuch 


0/    E  N  G  L  A  N  D.       199 

Aich  Imerpretations  of  ParliamcDtsi  in  this  Way  An.4.  Ch«.i«R 

aiid  Method  we  proceejed ;  and  if  any  Thing  faU        "'  " 

out  unhappily,  it  is  noi  King  Charles  ihat  advilcil 

himfelf,    but  King  Cbarki  mifadvifed  by  others, 

and  mifled  by  mii'ordered  Couniel ;  it  becomes  ui 

to  conlider  what  we  were  doing,  and  now  lo  adviis 

what  is  iit  to  be  done.     We  were  taking  Conlide- 

rationof  the  Suteof  the  Kingdom,  and  toprefent 

to  his  Majefty  the  Danger  he  and  we  are  in.     U 

lince,  any  Man  hath  been  named  in  patlicular  (tho' 

I  love  to  (peak  of  my  Betters  with  HumiliiyJ  let 

him  thank  himTelf  and  his  Councils,  but  ihofe  ne- 

ceiTary  Jealoufies  give  us  Occafion  to  name  htm  ; 

1  aflure  myfelf  we  fhalt  proceed  with  Temper,  and 

give  hii  Majefty  SalisfaAjon,  if  wc  proceed  in  that 

Way.     His  Majefty's  Meflagc  is  now  explanatory 

in  Point  of  our  Liberties,  that  he  intends  not  to  bar 

va  of  our  Rights,  and  that  he  would  not  liave  any 

Afpcrfion  call  on  the  Counfels  pail ;  let  us  prefent 

to  his  Majefty,  flionly  and  faithfully,  and  declare 

our  Intentions,  that  we  intend  not  to  lay  any  Af- 

perfions  upon  him ;  but  out  of  Neceliity  to  pievent 

the  imminent  Dangers  we  are  furrounded  with,  only 

To  prefent  to  him  the  ASkirs  at  Home  and  Abroad  ; 

and  to  delirc  his  Majefty,  that  no  Interpofition  or 

Milinformation  of  Men  in  Fault  may  prevail,  but 

to  expei^  the  Iflue  Ihat  Hull  be  full  of  Duty  and 

Loyalty.' 

The  Commons  Tournrils  inform  us,  That  No- 
tice being  taken  of  Mr.  Kirtm's  Speech,  '  That  he  oacinv^'^ 
hoped,  tjiey  had  all  Hearts,  Hands,  andSw-ordsto 
Cut  the  Throats  of  the  Enemies  lo  the  King  and 
State-'  That  Kxpreffion,  beina;  thii  Day  called 
in  Queftion,  it  wisrcfuhid,  *  That  therein  he  had 
fiid  nothing  bcj-ond  ihe  Bounds  of  Duiy  and  Alle- 
gance  i  and  that  they  all  concurred  with  him 
tlweia.' 

'  .y<i>i^  T^i  Ipfarmatinn  was  r.iven  to  tTie  Com- 
fiftjLis  by  Mr.  KitSou  {u),  *  '  That  at  this  pteient 
ihetc 
{u]  Fiom  :l.c  lift  mtiniiatd  -Vljua/.i  i{t. 


''  aoo    The  Tarliomfitary  History 

An.  4.  chiikt  i.lhereaTe  ihitly-two Pieces  of  Ordnance  ready  {htp'tl 

iSi,*.       (or  to'be  lent  to  Rotterdam  i  and  yet  ibeToffniof 

IVtyintuih,   having  Oidnance  affigncd,   cannot -be 

■ fullered  io  be  poffeflcd  uf  ihem  though  it  be  for  the 

^^H  Defenceof  this  Kingdom/  Healfocertihcd,  *That 

^^H  there  were  CcmrDitilons  now  granted  10  four  Lsn- 

H  dffun  to  go  and  trade  with  the  Dunkkkirs ;  whole 

Information  to  oiir  Enemies  of  our  Deligns,   and 
which  Way  our  Shipping  are  bent,  may  beof  dan- 
gerous CoDiequence  to  our  State,' 
^^H  *  Mr.  Kirien  added,  '  That  there  was  a  Com- 

^^H  milBon  in  the  Crown-OfGce  for  enjoyning  of  £x- 

^^H  cifes  upon  this  Kingdom  :  That  BurUmnthi  bad  3 

^^B  Warrnt  of  I'rivy-S^J  in  Form,  and,  as  he  confefied 

^^^1  before  the  Committee,  to  difbiirfe  30,000!.  forbuy- 

^^H  ingof  German  Hoiict  in  which  Dalbitr  wasem- 

^^f   .  ployed;  that   1000  of  them   are   already  levied, 

^^^  and  Arms  provided  for  ihem  in  Haliani;  but  that 

r  hebad  heard  they  were  lately  countermanded.  That 

Y  jny  Lord  Duke  wrote  into  Germany  the  laft  Day 

I  of  Mayy  in  which  he  faid,  That  the  thoufand 

Horfe  and  Aims,  which  were  to  come  for  England^ 
(hould  be  flayed,  but  they  were  all  then  ready  to 
come  for  £.mbden' 

*  Hereupon,  Mr.  Parker  faid,  '  That  the  In- 
I  tent  of  bringing  over  thofe  German  Horfe  were  tO\ 

^  cut  our  Throau,  ordfc  to  keep  us  at  their  Ohedl* 

^^_  ence.' 

^^K  *  Mr.  IFindham  faid, '  That  there  were,  Ycfter- 

^^H  day,  twelve  German  Commanders  of  thofe  Horfe 

^^^  cotne  to  Town,  and  fomeof  them  in  i'liH/'s  Church, 

^^^"'  and  tbofc  that  procured  them  were  Sir  tVtlHam  Bal- 

four and  Mr.  Daibier ;  and  that  two  Ships  of  Eng- 
land were  enforced  10  biing  over  ilicfe  Horfe,  to  the 
.LoJii of. their  own  Voyage  elfewhere  j  and  there  be 
.,P9olis  of  i';-eccdents  come  over,  where  the  Man- 
.|ijprpf,lhe  Ha/iauti  Excife  is  repeated  and  recited.' 
■  '1    '^..*  Sir  ^S'Mi  Maynard,     »  Dalbiir  was  the  only 

I'  "  '\  ^\'";  _  .GiifTe  of  the  Overtluow  of  our  Army  at  the  Ifle 
'  "'i_^f  JJiiffi,  ihe  bcin;j;  an  Enjiinecr;  and  boafted  ihat 
'it.wyishisDoiiiiilwi  goi  tile  /^''-^'j/Mb  cheap  a  Vic- 
Wry 


k 


r 


0/ 


ENGLAND,      loi 


■  tory  over  the  Engh/h  ;  aTid  that  they  might  thankAn.*.CliBtlBi, 
"  him  for  it ;  therefore  this  Fe!k)w,  being  a  Stranger       '*'*■ 
and  a  Jugler,  is  deemed  an  wtifit  Man  lo  be  a  Com- 
mander in  our  Kingdom.     And  that  It  was  con-  J 

fefsM  by  JVUliamJun^  Clerk  of  the  Crown,  That 
the  Bufinefs  of  the  Exdfe  is,  at  this  prcfent,  in 
my  Lord-Keeper's  Hand,    and  under  the  Broad 
1 :8cal.> 

-■■  ..TheQueftionwasthenputand  agreedto,  'That 
if  any  Member  of  the  Houfe  knew  any  Thing 
touching  thcExcifc,  thatfhould  be  (ct  upon  naiive 
Commodities  in  this  Realm,  and  did  hold  his  Pe.ice, 
he  fliould  be  voted  an  Enemy  to  the  State,  and  no 
uue  Eag&Jbman.' 

The  fame  Dny  a  Motion  was  made  in  tJie  Houfe 
of  Lords,  to  have  a  Conference  with  the  Commons 
about  the  King's  Anfwcr  to  their  P?////on  of  Right; 
which  being  held,  this  Day,  both  Houfes  agreed  to 
addrefs  the  King,  '  That  he  would  pleafe  to  givea 
tiearani  (atisfaSf&ry  Anfmer,  in  fuU  Parliament,  to 
ihe  laid  Petitm-'  The  Lords  lent  a  Committee  of 
their  Houfe,  to  attend  [he  King  with  this  Mcflage ; 
who,  after  fome  Time,  being  returned,  they  faid, 
•  That  his  Majefty  would  come  lo  the  Houfe,  that 
Diy,  at  four  in  the  Afternoon,  and  there  receive 
the  laid  Requeftand  give  an  Anfwer.* 

In  the  mean  time,  another  Committee  was  ap- 
pointed to  put  down  in  Writing  what  the  Lord- 
Keeper  fhoiild  fay  to  the  King ;  it  was,  likewife, 
agreed  that  he  fliould  ftand  in  his  Place,  as  a  Peer, 
and  there  deliver  this  Requeft  of  both  Houfes  to  his 
Mijefty,  and  afterwards  go  to  his  Place  of  State. 

■    Things  being  thus  adjufled,  at  the  Time  appoint- 
ed, the  King  cnme  to  the  Houfe  of  Lords;  and  be- 
ing in  his  Robc?i,  placed  on  the  Throne,  the  Com- 
mons  with  their  Speaker  attending,  the  King  com-J^i\-,'^J^'^'„_ 
'riinnded  the  Ckrk  of  Parliament  tofH/  mt  M's  /gr'fva  lo  the  Pcti- 
■  tner  Anfw(r  which  was  entered  in  the  fournal,  un-tionof  Riehi, 
dci  ihc  Pclilui  ef  Ri£l:t ;  and)  at  the  lame  Time, 


I 


^^  aoj    77je Tnr Ham fnMry  Htsron.Y 

Ai.4.  taiujdi.gave  unro  the  faid  Clerk  his  prefent  Anfwer.     Thfe 
ifii!.       being  Jone,  rile  Lord-Keeper  flood  up  In  his  Place, 

as  a  Peer,  atui  Ipoke  as  follows, 

^^JHqy  it  pUafi  your  Mofi  ExuUtat  Mi2JiJly^  .    . 

*  fT^HE  Lords  Spiritual  and  Temporal,  anil   | 

*  _!_  Commons  in  Parliameni  aiJemhIed,  taking. 
'  intuConfideration  that  the  good  Intelligence,  be- 

*  [ween  youtMajefty  and  your  People,  doth  much 

h*  depend  upon  your  Majefty's  Anfwer  unto  ihcir 
*  Psiitian  if  Right  formerly  pre  fcnicd  :  WilbuI»■^ 
*  nimousConfem,  do  now  become  moft  humbla 
'  Suitors  unto  your  Majefty,   That  you  would  ba 

*  pleafed  to  give  a  clear  and  fitisfa^lory  Anfwta:. 

*  thereunto  in  full  Parliament.' 

Whereunto  the  King  replied, 

rHE  Anfwtr  t  have  already  given  you  was  maSi 
will}  fi  gsad  Deliberatkn^  and  appreved  by  ihi 
"Judgmcnti  of  Jo  many  wife  Men,  that  lauldmt  have 
imagined  but  it/hmtd  havt  given  you  full  Salis/ailien : 
But  to  aviid  all  amtigueus  Interpretatitns,  and  ia 
jhevi  ym  there  is  ng  Dimbleneji  in  my  Meaningy  lam 
wiHi'ig  to  pleafure  you  as  well  in  Pfards  as  in  Sub- 
fianee.  Read  ymr  Petition,  and  you  Jhali  have  an 
ji„jj,;^j5,n,oji./fo_/5ffrrii;/,  lamfure,  will pleafe you. 
cvplicjc  oiif ; 

The  Petition  was  read,  and  then  the  Clerk  read'- 
this  Anfwer,  Snt  Droit  fait  comme  il  ejl  de(irl.        ' 

Tiiis  lamfuTCt  faid  theKing,  is/ull,yet  na  more  than 
Jgraniedyou  in  rrry  firft  Anjwer\  for  the  Meaning 
tfthat  was  te  eovfiffn  ad  ysur  Liberties,  knowing  ac- 
iordmg  to  your  ewn  Protejlalions-^  that  you  neither 
mean  nor  can  hart  my  Prerogative.  And  I  afjurt 
you,  my  Alaxim  is,  that  the  Pesples  L-heriiesJirengtb- 
tn  the  King's  Preregative,  and  the  King's  Prenga- 
tjve  !s  to  defend  ihe  Peoples  Liberties. 

'Y'ou'jei  nezii  hmi  ready  1  hanjifiaved myfelftaja- 
tlSi  tfttf"  'Pemauds,  fa  that  I  tavi  d^ne  my  Part ; 

-•f""'     ■   :    -■  fFhtrefore 


0/    E  N  G  I.  A  N  D.      aoj  _ 

WhtrtfoTt^  if  ibis  Parliawiia  bath  ml  ^hdfffyCm'AB.^ctiutttl. 
(luftcn,  the  Sin  is  ymrs ;   1  amfftlframiU  »*»>• 

There  is  a  Memorandum  entered  in  the  Lords  . 

"Jmrnilt   '  That  zx.  the  End  of  the  King's  firft  I 

Speech,  at  ihe  Antwer  to  the  Ptutm,  and  on  Uie  ' 

&iiidu(ion  of  the  whole,  the  Commons  give  a 
great  and  joyful  Applaufc' 

Rvjhwarth  informs  us,  That  the  Commons  re-  ^ 
tnmed  to  iheir  own  Houfe  with  unTpcakable  Joy;  pc^rjoy. 
and  refolved  fo  to  proceed  as  to  exprefs  their  Thank- 
fulnefs;  and  now  frequent  Mentioh  was  made  of 
Prc'ceeding  with  the  Bill  oi  SubfidUs';  of  (ending 
the  Bills,  which  were  ready,  to  the  Lords,  and  of 
perfefling  Ihe  Bill  of  Tunnage  and  Poundage, 
Sir  John  Sirangnvajs  alfoexprdlTed  his  Joy  at  the 
Anfwcr;  and  further  added,  '  Let  us  perfedtour 
Remonftrance :  King  Jamts  was  want  to  fay,  He 
kDew  that  by  Parliaments  which  oiherwife  he  cotUd 
never  have  known.'  ' ' 

yune  loth,  the  King  Tent  the  following  Mcflage 
to  the  Commons  by  Sir  Hunphrey  May. 

HJs  Minify  is  well  pUafed  thai  yiur  Petition  of 
Right  and  Us  Anfwer,  be  ««r  enfy  rteerded  in  both 
Heufoi  ef  PorSamentt  but  alfi  in  all  the  Caarls  of 
Weftminftcr:  ^nd  his  Pleajure  is  that  it  hi  put  in 
Print,  far  his  Hrnour,  and  ihe  Content  and  Salts- 
fe^ian  efhis  People;  and  that  yau proatd  tbearfully 
toftttle  Bafmjes  far  the  Good  and  Reformatim  of  tht 
Common- H^callh. 

.  yunt  12.  The  Commons  read  a  third  Time,  and 
pS&d,  the  Bill  for  granting /rw  Sk^^AVj  lo  the  biii  of  Bt.  EuI 
King ;  and  ordered  that  it  fhould  be  carried  up  ioS'ii'<  Fsi»'i 
the  Lords.     Sir  Edward  Coke  went  with  it,  and 
aJmoft  the  whole  Houfe  attending  him. 

To  return  to  the  Lords,  who,  for  feveral  Days, 

hail  been  employed  in  the  Charge  of  the  Com- 
mons sgalnft  Dr.  Miinivaring. On  the  gih  of 

funf,  the  Lnrd-  Keeper  having  repotted  the  DecJa- 


ao4   T^e 'PariiaHieimifyiJiirokr 

ju.^Omkii.f^'^oa  beforemendoned,  and  :he  Subftance  of  Mr, 

■6ig.       Pym's  Speech  on  the  Delivery  of  it;  the  Lordi 

ordered  that  the  faid  Aiiinviaitfig  fliould  be  takeii 

Ninto  Cutlody,  and  brought  to  anrwer  the  Chailge, 
eiJiibiiciiagaioft  him,  the  next  Morning. 
yunf  lo.  The  Lords  fent  to  defire  the  King  to 
grantfome  longer  Time  to  this  Sedion  j  to  which  his 
Majefty  returned  for  Anfwer,  *  That  fo  as  the  great 
Bufinefs  of  the  Nation,  which  was  intended  to  go  ■ 
Hand  in  Hand  with  tlie  Petition  of  Right,  might 
receive  no  Delay  ;  he  was  conienied  to  enlarge  the 
Time  of  this  Seffion,  fome  few  Days,  to  diipatch 
(he  Bufinels  of  both  Houfes.'  This  Anfwer  was 
alfo  fent  (o  the  Commons. 

The  Lords  examined  feveral  Witneflb  in  Dr. 
Mcnuioriitg's  Caufc:  The  Proceedings  wherein  we 
(ball  give,  de  Die  in  Diemy  from  their  Jmrndt, 

yune  nth,  Roger  Manwariug,  Doflor  in  Di- 
_  ft'oirMM-  vinity,  being  this  Day  brought  to  the  Bar,  the  De- 
jraiinghefuretheciafaiion  of  the  Commons  agatnft  him  was  read. 

Then  Mr.  Sergeant  Crew  and  Mr.  Attorney- 
General  did  chirge  him  wiih  the  Offences  contain- 
ed in  the  faid  Declaration;  And  opened  the  Proofs 
,  of  the  faid  Offences  out  of  the  feveral  Places  of  his 

[  two  Sermons,  which  he  preached  before  the  King's 

*  Majefty  in  Ju'y  laft.     And  they,  the  faid  Mr.  Ser- 

*  geant  Crew  and  Mr.  Attorney-General,   did  fur- 
'  iher  charge  the  faid  Rsger  Manu^ari/ig,  for  preach' 

iog  a  third  Sermon  4th  of  M^y  laft,  (iitttrng  the 
ParliamentJ  in  his  own  Parilh  Church  of  St.  Gilp 
in  the  Fitidi ;  wherein  he  delivered  three  AniClesio 
thisEffefl,  viz,  .  _' 

.  I.  'That  in  Matters  ofSupplies,  in  Cafes'^ 
Neceffity,  the  King  had  Right  to  order  all,  asfteiii; 
cdgpodtohim,  without  Coiifent  of  hisPeO^e. '' 

a.i  *-Thai_i'he  King  mi^ht  requireLoans  d/  his 
People,  and  avenge  on'fuch  "as  (nould  deny. "  '["' 

3.  *  That  the  Subjeft  hath  Property  of  hi^GobijV^ 
JB-Ordicwyj  but'^  in  iExmorditiaties,  the  frotjer- 
lywasin  ihe'Kirf^? '■"      .'' 

•■■■'■-■'Alia 


0/    E  N  G  L  A  N  D.      205  ^ 

.  And  tlieychargcd  the  faidjl^dnwflm^  with gi'catAii.4.Cti.rleiI. 
Prefurapiion,  lo  difpute  ihc  Right  of  the  King  sai       i**'- 
Liberty  cf  the  Subject ;  and  the  Righl  of  the  Par- 
laments,  in  his  Ordinary  Sermons. 
'    The  Charge  being  etlded,  the  Lord- Keeper  de-  ^M 

Eanded  of  Dr.  A/fl/ncjr/j-;^,  Whether  he  didac-  ^H 

owlcdge  the  three  Teneis  to  be  preached  by  biin  ^H 

in  his'  Sermons  4th  of  May:  This  he  abfolurely 
denied.  Whereupon  ihc  Clerk  read  the  Examira- 
lion  of  Hammond  Claytun,  Efq;  and  Sir  Danitl 
Nertan,  Knt,  who  had  affirmed  ibme  Parn  there- 
of upon  their  Oalhs. 

-  Then  Dr.  Manwaring,  being  admitted  to  fpeajc 
for  himfeif,  proiefted  before  God,  upon  his  Salva- 
rien,  '  That  ho  never  had  any  Meaning  to  pcrfua^c 
the  King  to  alter  the  fundamental  Ca'Ws 'of-jlpe 
Kingdom :  His  only  Ends  were  to  do  his  Majpfty 
Service  ;  and  to  perfoade  a  Supply  in  Cafes  cf-e!p- 
iicme, NecelBiy  :  He  defired  Favour  and  Juftife  to 
explain  hitnfelf;  and,  becaufebisEook  confiftsof  t  •j«<r>-x.- 
many'Condufions,  that  the  Spiritual  Lords  m!g}A"^'*i  '"^  a..-. 
be  Judges  of  the  Inferences  and  logical  DeduiUohs''"''"'"''*"^"' 
therein.' 

He  further  humbly  befought  their  Lordfhips' li ' 

allow  him  Counfel  10  fpenk  for  him,  in  Point  W 

Law  i  Time  to  apfwer  the  Particulars ;  a  Copy  of 

the  Charge  in  Writing ;  and  Rccourfc  to  his  Boots 

at  Home,    upon  Caution  to  attend  again,   wli:'a 

iheir  Lordihips  (hall  appoint-  ■  "" 

-The  Prifoner  being  withdrawn,*  and,  after  forie- 

Debate  on  his  RequcRs,  brought  to  the  Bar  agay,-' 

.  ^  Lord- Keeper)  by  Direilionofihe  Houle,Hahi- 

I«Shim  for  that  he  divideil  his  Judges ;  by  Acquiring 

[  *Part  of  his  Charge  againft  him  to  heTcffrred  to 

Kwe  Lords  the  Bilhops ;  whereas  the  whole  Ahtttcr 

I  Wongs  to  ail  the  Lords  jointly. 

Lr.Then  his  Lordfhip  tcld  him.Thnrihe  Rcufeharl 

^icnifidered  of  his  other  Requcils,  and  gTanted  him 

ihcfe,  viz.  .      "        '  '  ■ 

i.  '  Tohave  a  Copy  of  his  Chaf^c.'    ' 

^  2.  '  TohiveTime'ttllfria'a/Moinihgto-niate 

bis  Anfwer.  ' 

■  3.  *  To 


I 


I 


aotf    Tfn  ^Ar&amentary  H|  s  t  oi  t 

«ii.4.aij.itiL     3.  *  To  have  Leave  to^o,  to  Tiia  own  Hpufcj, 
'6-8'        jnij  to  abide  there  willi  a  keeper.' 

And  his  Lordlhip  furihcr  lold  him.  Thai  if,  upr 
on  rccollctSing  himfelf,  he  (hall  dclirc  Acc^,  iq 

I  their  Lorijfhips  To-morrow  Morning,  it  (w9'&^ 

granied  him.  .  ',',,,.■ 

lune  I2'.h,  aMeflage  from  the  Commons.'bySur^ 
Eaitiaid  Coke  and  others. 

The  MelTage  confiftedof  two  Parts:— The/r/? 
conceruiiig  ihe  Petitm  e/ Ri^hl  exhibited  to  his 
Majefty  by  both  Houfes ;  That  his  Majefty's  An-. 
Iwer  iliercunJU)  liad  caufed  an  Exprcffion  of  exceed- 
ing orcat  Joy  throughout  the  whole  Kingdom:- 
And,  that  this  Joy  might  be  made  perpetual,  to 
the  Honour  of  ihe  King  and  Comfort  of  his  Peo-i 
I  pie,  the  Commons  were  iti  Confultation  among^ 

themfelves,  to  move  their  Lordlhips,  Tliat  the  did 
Pitition,  w'nh  the  Jiifivtr,  might  be  entered  in  both. 
Houfes :  That  it  raigiit  be  enrolled  in  all  the  Courls 
cf  Juilice  in  lS'f/iminj!iFHA\],  for  a  Mirror  to  tjie. 
Judges:  And  th^t  i:  might  be  printed  amongftth*. 
Statutes  of  iha  SelTion.  But  that,  before  tbey 
could  coma  lo  move  their  Lordfhips  to  join  with 
them  in  defirlng  the  King  that  all  this  might  ac- 
cordingly he.done,  they  were  prevented  by  his  Ma- 
jefty's gracious  MefTage  to  the  fame  Effeflj  of 
which  they  have  i>lready  made  an  Emry  io  their 
Houfe.     The  Commons,  therefore,  defire  that  the 

ifame  Meflage  may  be  entered  here  alfo ;  and  then 
all  the. reft  will  necelTatily  follow. 
The   fi^and  Part  of  tlieir  Meflage  was  con- 
cerning Dr.  A/ij/jifdri'/^'s  BoOi;:    They  J'aid  they. 
►  found  hia  Majefty's  Command  fei  upon  the  firtt 

Leaf,  to  warrant  the  Printing  of  that  Book  ;  but 
that  this  they  had  Cauie  to  fufpefl,  becaufe,  tho'. 
they  found  thofe  Words  ftruck  out  in  the  Original,' 
they  ftiU  flood  ill  the  primed  Book.  And,  as  ihey  , 
conceive  the  iPrinter  durft  not  do  it  without  War-, 
rant,  they  therefore  defired  their  Lordfhips  to  ejfa- 
laiiie  by  wliat  Means  this  fpecial  Command  was  de- 
nved,  irom  his  Majefty,  to  the  Primer  f  A.tMl; 
wheO 


w 


Of  E.N,GA.A,]^.D*'.    m       ^ 

I.  ■  ■    • 

vrben  their  Lordfliip^  have  found  tbcP.arty9.0r  Par- Aa.4.ClurMb 
tiesVwiib  gave  the  Warranty  th?  Commons  dcr      'M«. 
mand  ;o  ba¥^  him  0r  them  puoifli^  with  as  mucft 
Severity  or  more,  as  ^anwaring  hiqifelff 

A^/v)ir.  The  Lprd9  do,  unanimouflvt  agreet 
That  tns  Majefty's  laid  Meflage  for  the  Entering^ 
Enrolling,  and  Printing  of  the  (aid  Petiim  and  Ah^- 
fwft  fl^Il  t>e  enter 'd  herei  as  is  deHred  :  And,  as  con-. 
ceirning  the  Examination  who  gave  the  Warrant- 
for  Printing  of  Pr.  Manwaring's  Book,  their  Lord* 
iKips  will  take  it  into  Confideration ;  and  do  that 
therein,  which  (hall  be  fit. 

The  fanae  Day,  upon  another  Mellage  of  the 
Commons  to  the  Upper  Houfe,  it  was  ordered  by 
then-  Lordfliips,  That  Richard  Badger^  who  print- 
ed Dr.  Manwari/rg'a  Book,  be  prefently  brought 
before  their  Lordfhips  j  who,  being  brought  to  ^e 
Bat,  fworn  and  examined^  anfwered.  That  Dr. 
Mamomng^  himfelf,  delivered  him  his  two  Ser- 
mons to  be  printed,  with  the  Bifhop  of  London's 
Signification  to  that  Effed,  under  his  Lordfliip's 
Hand :  And  that  when  the  Book  was  fully  print- 
ed, Or.  Adanwaring  brought  the  Title  of  his  faid 
Book,  written  with  his  own  Hand,  as  it's  now 

printed. 

Hereupon  the  faid  Printer  was  difmifled  at  this 
Time ;  and  the  Earl  of  EJfex  and  the  Lord  Bifliop 
of  Lincoln  were  fent,  from  the  Houfe,  to  the  Bi- 
fhop  of  Londotty  to  underftand,  from  his  Lordfbip, 
what  Authority  he  had  for  fignifying  his  Majefty's 
fpecial  Command  for  the  Printing  of  Dr.  Man* 
warmg*s  Book* 

5f«»/  13th,  Dr,  Mainwaritigy  being  tWs  Day 
brought  to  the  Bar  before  the  Lords,,  and  admitted 
to  fpeat  for  himfelf  unto  the  Charge  of  the  Com- 
motes'agsritift  him,  anfwered  in  Effe^as  fol!owetJb» 

*  ftrft^  He  {}iewed  that  he  was.  under  a  .great  Bur- 
then of  Sorrow  and'  Weafenefi  here,  tp  prefent  him- 
felf unio  their  terdft  pi :  .Aiid  then  r^)dered  tbei^  . 

Lord-' 


eB         ao8   77ie  Tar/iame»tary  HisroviY 
fuTHnki  I,  Lofdfhips  humble  Than);s,  for  giving  him  Leave 
till,       and  Time  to  recollefl  himfelf  before  he  made  his 
Anfwer:  And  ciaved  a  favourable  Interpretation 
of  what  he  was  now  to  fpeak. 
^^^^  As  touching  his  two  Sermons  complained  of  by 

^^H  the  Commons,  he  faid,  <  Thai  he  was  induced  to 

^^^B  preach  tliem  by  a  public  RemonHrance  of  the  Ne-  . 

^^H  cefliiies  of  the  Slate  at  that  Time:  And  that  be  „ 

^^^M  prinied  them  at  his  Maiefty's  fpeciat  Command.  ~^  _ 

^^H  That  the  Grounds  of  his  Poficions,  in  thofe  two  Scr-'™  I 

^^ff  mons,  are  in  the  Holy  Scriptures,  and  in  the  Inter*-^* 

I  prefers  of  the  Scriptures ;  and  arc  not  complaintd  ^m 

ofhy  the  Commons,  but  the  Inferences  only,  drawn    -■ 
from  thofe  Grounds,  are  queftioncd  by  ihcm.'  .  ^ 

He  craved  Leave  to  explain  himfelf  Jn  two  of  ' 
thofe  Pofitions :  The  ^rj!  where  he  fays,  *  That  ' 
Kings  partake  of  Omnipotence  with  God,  hefaid.'* 
That  he  meant  no  more  by  this  than  is  meant  by^" 
the  Holy  Scriptures,  and  by  the  Laivs  of  the  Land : 
For  the  P/'almi  fay,  Dii  e/iis ;  and  Mr.  Cakitn  faith, 
Heges  a  Deo  Imperimn  hotere,  iff  dlv'mam  Petejie' 
'-  rrmin  Rrgi/m  re/j.iere:  Wherefore  to  offend  againft 

Kings  he  thoLgin  ii  Sjcrilcge;  and,  by  the  Laws 
of  the  Kingdom,  a  great  Image  of  God  is  in  the  ' 
King.  -  The  atber  Polition.  which  he  defired  to 
explain,  was  touching  the  King's  Juftice;  where 
he  fays,  in  his  fecond  Sermon,  (p.  25.)  '  That  Juf- 
'  lice  intercedes  not  hetwecn  God  and  Man,  nor 
*  between  the  Prrce,  being  a  Father,  andthePco- 
<  pie,  asChildien  ;' 

He  faid,  'That  he  meant  thereby,  that  as  Man 
Cannot  requite  God,  nor  the  Child  the  Father  j  fo 
the  King,  being  Difpenfer  of  God's  Power,  can- 
not be  requited :  Bui  his  Meaning  wiis  not,  that 
the  King  fhould  not  have  Laws. 

'  And  touching  thofc  Inferences,  made  by  the  ' 
Cotnmoiis  out  of  his  two  Sermons  com|^ained  of,  ' 
I,  which  ihey  imputeeiihcrioSedition  or  Malice,  or  ■ 

to  the  deltroying  of  the  lUunicipal  Laws  of  the 
Landj-or  flighting  of  Parliaments:  He  protefted, 
before  God  and  his  holy  Anget?,  That  ihey  were  ' 
never 


^^  •*_  ,     .,         ,  .  ■  .  #'>,»t.      ■   J)   4:   »«r         .•  .   «.•   ■        ...■• 

■♦,*■»  ■H         j|»  .1       ■.*,      ■  ■  .' ■  •   •         ■.»!       ■  ■ .     .    :       »         »,■- 

ncviM:  m  his  Tho«gWs,  .  He  pqly  tjiought  ip  ipep^"'  '♦•^^^5**'  '• 
fuide  jthofe  J)p;u)unibit^  G.^ntJeiDens  wbp  refu&d  to  • 
conform  themfelves,  to.  yield  a  Supjdy  unta.the 
pr^en;  and  ipaiQio^t  JN^effities  of  the  State. 
Ai^,  in.the  Conchifion  of  hb  Speech,  he-expref- 
ied^ibii  giieat  Sorrow  to  be  thus  accufed  i  and  begg'd 
Fatiioaatid. Mercy  of  their  Lordfliips,  and  of  tho 
ComipiQIfSf  even  for  God's  Sake ;  tor  the  King's 
Sak^.Svhom  they  To  much  honoured ;  for  Relx- 
gionVS^^^^  ^^d  for  his  Calling's  Sake ;  humbly 
befeecbing  them  to  accept  of  this  Submiflion/ 

This  being  fpoken  by   Dr.  Manwaring^  and 
he  willed  to.  withdraw;  the  Lord  Archbi&op  of 
Cat^erbury  {x)  called  to  him  to  ftay  :  And  havingThc  Archbifl«>p 
defired  Leave  pf  the  Houfe  that  he  might  fay  foxier  J^^fT^^^* 
what. unto  him,  which  was  granted;  his  Grace him.^    ^ 
then  told  him,  *  That  he  might  have  made  fome 
better  Ufe  of  the  great  Favour  which  they  did  him, 
in  giving  him  Time  to  recolleft  himfelf  before  his 
Anfwer ;'  But  he  law  in.him  (as  St.  Bernard  faith) 

*  That  there  are  fome  Men  who  are  miferi  fed  non 
mifer^ndi:  And  that  he  was  forry  to  hear  fuch  an 
Anfwer  to  the  Accufation  of  the  Commons:'  Bu:» 
God  be  thanked,  the  l^ing  had  now  wiped  away 
what  W4S  intended  by  his  two  Sermons ;  which  Ser- 
mons, his  Grace  fald,  he  both  mifliked  and  abhor- 
red, and  was  forry  that  he  came  only  to  extenuate 
his  Fatjk.:  Touching  the  Participation,  wiiich 
Dr.  Matiwaring  gave  the  King  with  God,  hir 
Grace  told  him,  '  That  it  was  veiy  Blafphemyi 
and  that  thofe  Words  in  the  Pfalms,  l)ii  iftis^  do 
warrant  no  fuch  Matter :'  And  touching 'his  other 
Aflertion,  that  there  is  no  Juftice  but  bctweca 
Equals,  and  not  between  God  and  Man  ;  the  Pa- 
rent and  his  Children  ;  nor  between  the  King  atid 
his  People ;  his  Grace  told  him,  ^  It  was  impious 
and  fali'e ;  and  that  he  had  thereby  drawn  an  Infamy 
upon  us'and  our  Relij^ion;  andhad  given  an  Occa- 
fion  to  the  JifuUs  to  traduce  Mt  •*  And  (hewed  him, 

*  That  the  Scriptures  do  plainlv  declare  and  prove 
a  Juftice  from  God  to  Man,  nom  a  Parent  lo  his 

Vol.  VIIL  O  ChilJren 


210    7he  T/friiam«sat^  ii^sroKY      ^1 

1.  Uiiidren,  "and  rroni  a  King  to  his  People:'  Atifl 
ftiTther,  '  That,  by  the  Laws  of  God  and  Man, 
there  was  ever  a  communiiive  Juftice  between  the 
Kmg  and  his  People,  for  Matter  ot"  Coins :  Atrf 
a  diftriboiivc  Juftice  for  Government.'  Then  put- 
ting him  in  Mind  of  Aimfarchis,  the  Philofopher, 
■whom  the  Kinfc  of  Cyprut  caufed  to  be  brayed  in  a 
brazen  Mortar  for  his  bafe  Flattery  (as  a  juft  fee- 
ward  for  all  Flatierers  of  Princes)  he  blamed  htm 
much  for  cuing  of  Suarez,  and  other  ^Jefu-U^  in  his 
S.ermons:  And  willed  him  to  read  the  Fathers, 
itie  aniient  Interpreters  of  ihe  Scripiure?,'  .1''  ^_ 

The  Lord  Archbifliop  having  ended  his  graft  ^H 
Admonition  ;  Dr.  Manv.'arUig  made  a  fhon  K?-  ^^ 
ply  touching  his  faid  two  Allertions:   And  _fii3, 
■  That  he  denied  not  Juftice  and  Law  to  be  be- 
tween King  and  People;   but  affirmed  that  the 
King's  Jiiftice  could  not  be  requited :  And  excufel 
himfeU  for  citing  of  Su/irez,  for  in  thofe  Placey&C  ^^ 
fp.ike  for  the  King.'  "-^   ^H 

The  Pjiioner  being  withdrawn,  the  Lords  con-  ^H 
fidered  of  ih^ir  Cciifute  againft  him ;  and  their 
Lordfhips  thought  him  worthy  of  levere  PflnWh- 
meni :  For  altiihuiiDg  unto  the  King  a  ParBcipi'- 
lion  of  God's  Omnipotence  ;  and  an  abfolnre 
Power  of  Government :  For  his  fcandaious  Afler"- 
(ions  againft  Parliaments:  And  for  branding  (toft 
Gentlemen,  who  relufed  the  late  Loans,  with  Datn- 
nation:  But,  for  that  he  fo  deeply  protcfted  that 
;lie  bad  no  Intemion  to  leduce  the  King's  Con- 
icien^e  ;  nor  to  fow  Sedition  between  his  Majeflt 
and  his  People  ;  nor  to  incenfe  bis  Majefty  a- 
gainft  P,uliamentsi  nor  to  abrogare  the  Munici- 
pal Laws,  as  was  obicfled  by  the  Commons;  and 
,  -  i(L  regard  that  the  King  himfdf  had  pioieftad  fts 
'  ■■'W'Bs,  sff.rmed  by  fnmc  Lords  of  the  Privy  COoticilJ 
■y  .i^^t  he  un'lefdood  him  not  in  ihat  Senfe  ;  and  for 
^t  tiis  Majcfly's  gracious  AnfivcT  unto  the  P'ltUhii, 
_  vfiRight,  exhibiiwl  this  Pailumtnt,  hath  removal 
-.thijfe  Jealo«Jie;,_ .which ■  oihtxwife  the  iubjei^t 
W'-^bljm^iy  hav*£art.''V'ft)^ti''-vAtieriions  in.rhofe 
_-.\  .  ':  t'-i.  .Vi\  - ;.:  \:  *  :.  ■'  .-^.fiCTinmfft 
■:>mvi:!i-.iU  y*X  Vn  ■-5'.  tt  V  -v. >.-:■.  vri.)    (^i?\ 


^miP^i  i  i^A^  Mfo  ^  -tha*^ h^  t^ ftia  bfj  iif^fi-  An.  ifciltfltt  I. 

39IH7  fer  >0ie.,iac9^i  rtitielr  t^rdfrw.  agreed, joC^ 
l^iid^c.Sfntenge  :?^iptft  biQi  than  otberwife  xhty 

V .  I  .^bifir  ScgficRce, ..  l?eing  firft  argued  by  Part$,  was 
aj^riRfards  i-ead  and  aiflented  unto  by  tit^  generad 
ind  uoaoitnous  Vote  of  the  whole  Houfe. 

z'<^wu  14;  A  Meflage  was  fcnt  to  the  Commons 

*by  Mr.  Sergeant  C rem  and  Mr.  Attorney  General, 

..^TJiatthe  Lords  were  ready  to  proceed. to  Judg- 

ijwnt  againft  Dr,  Manwarlng  5  if  they,  with  their 

Spe^kier^  will  come  to  demand  the  fame*' 

'A^er^  '  They  will  come  prefently/       .1 
J 'Tac  Lords  being  in  their  Robes,  Roger, Mafu^ 
wqfii9gr\Jyo6^0T  in  Divinity,  wasjjrought  to  the 
Ba^f  by;  the  Serjeant  at  Arms ;  and  the  Commons 
with  their  Speaker  being  come,  Mr.  Speaker  faid^. 

.     '  My  Lords^ 

*  fTpHE  Knights,  Citizens,  andBurgefles,  of 

*  X;  the  Commons  Houfe  of  Parliament,  have 
^  inapeachcd  before  your  Lordfhips  Roger  Man- 
^  WAri^j  Clerk,  Doftor  in  Divinity,  of  divers 
^  enornious  Crimes;  for  which  your  Lordfhips 
^  ha\^e  convened  him  before  you,  and  examined 

*  the -fold  Ofiences:  And  now,  the  Commons 
^  h^ve  corxihianded  me,  tlieir  Speaker,  to  demand 

*  Judgment  againfli'him  for  the  fame/ 

Then  the  Lord  Keeper  pronounced  the  Judg- 
ment agaiaft  him  in  tbefe  VVords^  viz* 

'Ifereas.  Rogtx  Manwaring,  DofJir  in  Di^The  Lord  K«p- 
. '  vimty^  hath  been  impeached  hj  tb^  Houfe  rfV^^^^^'^l^-^^ 
Cdttmom  far  Mifdemianmn  of  a  Ugh  Nature-i  /«D,/M"nw£ioi» 
freathing  Tzco. Sermons  beforjt  bii  MajiJIy  in  Summir 
iad  i:tt^ich  are  fina  pubhjhei  in  Print ^  in  a  Book 
fwHfiiiedi  Religion  and  Allegiance ;  W  inM  Third 
^ermon^  pKeattirdHn  the  far\fh  Church  of  St.  Giles 
iQLidlca  Eiklds,  the  4/A  of  May  b/l  5  and  their  Lord- 
Jbipi  have  conftdered  of  the  Jmd  Dt.  ManwaringV 


Ao.  4  Char i««  I.  A^^''  thirmntOy  isprlffii  with  ^ian  miJQrShf 

*  162S.      '/«'*  his  Offence^   mo/i  humbly  craving  PsrdsH4bereA, 

fit9  of  the  Lords  and  Cffmm&ns:   Yet  neiijerthdUfs^ 

pr  thai  7  his  tan  be  no  SatkfaSthn  for  the  great  Of^ 

fences  wherewith  he  is  charged  by  the  faid  DeelOM^ 

tion^  which^do  evidently  appear  ifi  the  very  Ifirtlsiaf 

the  faid  Two  Sermons ;  their  LifdJUps  have  frocoidaL. 

'    to  Judgment  againji  him;  and  therefore  this :\bigb 

Court  mh  adjudge^  '  ■■'.:■ 

.1.  7Atf/ Roger  Man  waring,  Do^or  ifiDwinky^ 

Jhall be  imprifoned during  the Pleafure  ofikeHm^'*^. 

2.  That  he  Jhall  be  fined  at  loeoi  to  theKng^ 

3.  ^hat  he  Jhall  make  fuch  Submijfton  and  At- 
imwledgment  of  his  Offences^  as  Jl>all  be  Jet  down 
by  a  Committee^  in  iVrtting^  both  here  at  th^  MoTj 
and  in  the  Houfe  of  Commons* 

4.  That  he  Jhall  be  fujptndedy  for  the  Term  ^ 
thee  Year s^  from  the  cxercUing  oftheMinifiry\  ond^ 
in  the  mean  time^  a  fuffident  preaching  Minijler 
J}) all  be  prov:ded  out  of  the  Profits  of  his  Living  to 
ferve  the  Cure :  This  Sufpenfiony  and  this  Prmjifion 
of  a  preaching  Mimtler\  Jhall  be  done  by  the  £otlefi- 
afiicdl  jurifdinion*  .  .    :     '   . 

^,  That  he  Jhall  be  difahled  for  ever  to  preach  tA^ 
the  Court  hef  eafter,  .  V .  :  '\ 

6.  That  he  J})all  be  for  ever  difahled  to  have  any 
EcclefiaJlical  Dignity  or  Secular  Office. 

7.  TJ)at  the  /aid  Bo^k  is  worthy  to  be  burnt:  jfmd. 
that  for  the  better  effetHng  of  thisy  bts  M^ejfy 
fnai  be  moved  to  grant  a  P reclamation  to  call  m' the 
faid  Books ^  tlnit  they?nay  be  all  burnt  accordingly}  in 
Londoiit  and  in  bo/ h  the  Univerfities ;  and  for  the^in^ 
hi  biting  the  printing  ther^oj^  hereafter^  upon  a  great 

*'        '   Penalty.  ■      ..  .    " 

And  this  is  the  Judgment  of  the  Lords.       •  .":;  i 


Then  the  Commons  departed*  and  Dr.  Mar^ 
mfrifig.  w^s  fent  Prifonef  to  ihe  Fleet,         ■  :     . 
•   After  rhis  ihe  Bifl'iop  of  Likccln  ( y*)  reported. 
!l  e,/\nfwer  of  the  Eord  Bifliop  of  LoHdoit^  unio  Hfe 

Mefla|c-. 

i^ixyT.Jshnmiliiimi, 


V   I 


Of  B  N  G  L  AN  D.     213 

Meffige  ienthim  by  the  Houfe  the  lethof  7^/?^^  An.  4.  Charles  i. 
to  this  Effeft,  t/Zz.  '^»«- 

,   That  the  L^rd  Bifhop  of  London  {z)  anfwered* 

*  That  be  received  a  Letter  from  the  Bifhop  of 
Bath  add  JFells  {a)  the  laft  Summer,  for  the  print- 
ing and' publifhing'  of  Dr»  Aiamvaring's  two  Scr- 
xtionsy  bvbts  Majefty's  Command  :  And  thereup- 
on his  Lordfcip  did  give  Way  for  the  Printing 
thereof,  without  further  Examination  :  And  cau- 
ftd.thefe  Words,  Publi/hed  by  Us  MaJeJ/s  Special 
C^mmand^  to  be  put  on  the  Front  of  the  iaid  Book ; 
that  it  might  appear  to-be  printed  by  his  Majefty's 
Authority,  and  not  by  his  Lbrdfliip's  Approbation.' 

Hereupon  the  faid  Lord  Bifhop  of  Bath  and  WeUs^ 
being  prefent,  faid,  *  He  could  give  no  fudden  Anfwer 
unto  this  Report ;  but  acknowledged  that  he  wrote 
the  faid  Letter  unto  the  Bifhop  of  L$ndotj^  by  his 
Majefty's  cxpreis  Commandment,  that  the  faid  two 
Sermons  fhoiild  be  printed ;  which  Letter,  he  faid, 
he  wrote  laft  Summer  from  If'oodjlocky  when  his 
Majefty  was  there.' 

And  the  Earl  of  Montgomery  affirmed,  upon  his 
Honour,  '  That  he  was  then  prefcnt  at  tVoGdJIcch^ 
and  heard  his  Majefty  command  the  Bilhop  of  Bath 
and  fyiUs  to  caufe  the  faid  Book  to  be  printed ;  and 
that  the  faid  Bifliop  defired  his  Majelly  to  think 
better  of  it,  for  there  were  many  Things  therein 
\fhich  would  be  very  diftafteful  to  the  People/ 

TKc  Duke  of  Buckingham  alio,  and  the  Earls  of 
Suffolk  and  Dor/ety  protefted,   on  their  Honours, 

*  That  they  have  fince  heard  his  Majefty  affirm  as 
much.' 


I 
\ ' 


^  June  i6th,  The  Lord-Keeper  reported  to  the  The  Commons, 
Lords  the.  Effeft  of  a  Conference,  which  had  been*'  *Sn^"/a*^*^ 
defired  by  the  Commons,  touching  a  Commiffion,^ommiifionof 
dated  uUimo  Februarii^  laft  paft,  and  granted  to  fe-£xciie. 
vera!  Lords  and  others,  to  advife  the  King  how  to 
£fttfe  Money,  by  Impofitictns,  or  other  Ways,  in  the 
JIature  of  Excifi^     After  a  fliort  Preamble,    his 
-^Jiordihip  commanded  the  Clerk  to  read  the  faid 

O  3  Com- 

(m)  Pr,  Gcorie  Mwntaigne.  (« )  Pr.  iVilliam  Laiid^ 


I 


l''*L*^'"i-Commiffion,  which  beingdcaic,  he  fliew«d  the  nWr, 
"t"  ny  Inconveniences  which  the  Commons  obfervctJi' 
iherein.  What  they  chiefly  Hood  upon,  was,i 
That  ID  riife  Money  by  Impofitions,  without  Con,v 
fenr  of  Parliament,  13  diredtly  againft  ihe  Liberqiv 
of.;he  Subjed),  and  trencheth  upon  the  Frop^ty^ 
of.lhoii  Goods ;  contrary  to  the  Judgment  |ate]/,>  - 
gkvtci  this  Parliament,  that  is,  to  his  Maje%'8  gra-n, 
cious  Jn/wir  to  the  Pilitm  tf  Right.  And  that ' 
theCommons  did  demand  that  ihis  Patent  might  115^ 
damned  and  cancelled,  theEnrolment  of  it  vacataj^c 
and  the  Warrant  alfo  for  the  Great  Seal  tobec3Q<>j  1 
celled :  Likewife,  the  Commons  did  fatdier  dsr^ 
mand,  That  the  ProjcClori  and  Piocurers  of  thut< 
Commiirion  might  be  difcovered  and  proceeded  a^'^ 
gainft.  .1 

Thb  Report  being  ended,  the  Lords  fell  iiitQ  «i  < 
long  Debate  on  the  Subject  of  ii ;  and,  at  laft,  ap-,. 
pointed  a  fpeci,il  Committee  to  draw  up  a  MeSge.. 
to  the  f^ing.  from  tlii^ir  Honfc,  for  cancelling  the. 
laid  CommiMon.  .   , 

The  Cotteilor  informs  us.  That,  after  granting  -. 
the  Psiiim  e/ Right,  {he  Commons  srdtffi  that 
the  Grand  Commitiees  for  Religion,  Trade,  Gric  . 
vances,  and  Courts  of  Juflice,  fliould  lit  no  longer.^ 
But,  at  the  fame  Time,  that  Houfe  thought  pra-. . 
per  to  proceed  in  ConfiJeraiion  of  GrievaiKe&  of 
molt  moment.     And,  firjl^    they  fell  upon   the-. 
CommiHion  for  Excife,  and  fent  to  the  Lord  Keep-  ■ 
er  for  it ;  who  returned  Anfwer,  '  That  he  received 
the  Warrant  at  the  Council  Tidile,  for  the  Sealing 
thereof,  and  when  the  Commiflion  wasfcalad,  h* 
returned  it  back  lo  the  faid  Table.'     However,  the . , 
CommiiSon  was  lem  and  lead  in  the  Houfe,, ,«  ,_ 
hat  yerba;  ■   ■  \'\ 

f  ^HARLES,  by  the  Grace  of  G<^,  King^^^-l 
\^j.land,  Scotland,  France,  ami  U&Uui,  D^tn-.^^^ 
der  ef  bhi  F/iiih,  &c.   'To  iV  Titoraas  Covenirji,  ,\ 
KnI.  ■Lfd-'Ktfper  tf.thi  G'fjt  Seal  e/'Xnglund  ;  t^ 
Earl  4/'Malburgh,  Lerd  H'gh  Trc.inirei-  if  ■ 
i'liilitiftli.HMif;.  ^ar^^'lVUcehdtef,  l,'n.i.P>'-f-^- 


I 


I 


.s*-V 


i^d4^&  ^  aurFtivf-Sial'y   Gtot^  Duti  tf      i^»B. 
Bdcrmgbam^   l^i  High  Aimrat  tf  ^x\^Wi 
Wnikih  ffff/  ^  Pembroke,  L^A-SNwari  ef  «iif« 
/A^ATi  'Philifj  £i^/^Mbntgomery,  iMt^Chd^" 
hrlMn  W  ^r  HmfifoOl'i  Theophilus  Bart  9f  Slif^ 
fWfcV  &o^  *te-  Urming,   mereai  thefrtfmi  Ctn^  ^ 
jttnitk^^ipil^'giktriil  Affmri  ^ChriftendOTi;  ikwd 
turmmfpBirtHiiUr  Inituft^  in  giving  AJJifthiite  uiit9 
^  ^l^Jf^i  AUiiSy  end  fir  frm^ngfir  the  Defhui-  - 
add'Saj^tyif^tir  ifWft  D9mi9ihn5  and  Peopk,  SeaH 
iifm  us  Jtb^  mgkif  nothing  that  may  conduce  t9  th^ 
godi  Ends  I  And  htttmfi  Montis  (the  principal  Sf-  > 
nMs  eflVari  and  one  of  thtfirft  ant  cM^Ji  'Mowrs  • 
in  *all  great  Prepardtions  and  Anions.)  ^^re  HtJpcifflfrf  -' 
to  he  provided  in  the  firjl  Place  \  and  we  are  carifM  - 
thepftk  fnay  be  rai/ed  by  futh  fVaysas  mayUfiiiand 
tafthti&Siate  of  our  Kingdoms  and  Suijcffs  \  dudyef' 
fil^4^e¥  tb^p'eJfingOmJions  rftheprefent  Tithes : ' 
/iP*,-  wlf^efir^y  out^f  the  Experience  we  have  bad^  ^ 
and  for  the  Tru/i  we  repofe  in  your  ffydoms^  FideH--  '■ 
tikt^fii-dulifkt'Care  of  our  Service;  and  for  the  Eft- 
pA^hc)  you  have  of  all  great  Caufei  amarnifig  us  and  ' 
Ofer^Skite','%ofhas  they  halve  Relation  to  foreign  Parts  * 
ffWft^^-  dnd-as-to  our  Common- ff^ealth^  and  People  [ 
arWItd^'Jye  ieing  Per  fins  called  hy  us  to  be  of  our 
PVtvfi€^til)  have  thought  fit,  amomfl  thofe  great 
a^lntprtant  Matters^  which  Jo  much  concern  us,  in  - 
thffiffl^cindthiifefi  Place,  to  recommend  this  to  your 
fpmhVmf^iMd  Diligence. 

ythd'^li^ii  hereby  authorize  and  appoint,  andJlri^U 
ly^ll'^M'remire  yon,  that^  jpeedily  and  feriovpf,^' 
yoU^^tW^  bcnftdemtion  of  all  the  beft  and  fpeetir- 
eJPWeifs^itnd  Means  ye  can,  for  raifing  of  Monies  fo^  ' 
the  mojl  important  Occafions  aforefaid ;  which,  wrtb-^' "'  ' 

out  extremeji  Hazard  to  us,  our  Dominions,  and  Peo^ 
plef-Ttfid/ti  our  Friends,  and  Allies,  can  admit  fffno\ 
long 'Delay:  Thefamefo  be  done  by  Impojrtions,  ^ri^-- 
therivife,'  as  in  your  fVifdoms^jina  bejl  Judgments  ye  • 
Jhallfind  to  le  moji  com^en'^ent^in  dCnfe  of  this  intvi- 
table'hJereffify ;  urfye'rein  Form' and dreumjlanc'e  ;/;///f 
Ac  df/penjed  withy   rather  than  the  Sub/lance  be  hji^ 

or 


hu^Oi^i 


\.ir.  bii^t^did.  Ani  htriin^mr  tViU  and  Pltafiia 
is.  Thai  you,  er  as  many  o/yeu^  frem  Timi  h  Timl, 
as  can  bt'fparid  frtm  Jttin^anu  upon  cur  Ptrfon^  or 
ttfitr  tar  nuiJjaTj  Stniius,  As  uje  all  Diliginu  hy 
ysur  friqutnt  Metlingi,  and  firiaus  Cta/ullatie^ 
Aa4  whin  ye  have  bnugbt  any  Ibing  to  Maturitit 
yt  vukt  Report  tktrtif  unto  «,,  and  advfrfi/t  in  ^ 
th^  7ki/igs  ye  Jhsli  liihtr  refeht  upen,  er,  ibini  fit 
(t  .^iprifint  unta  us  far  tbt  Advinumtnt  ef  UAi 
grt^t  Sirviu ;  luhich,  with  tbt  greaiejl  Jmeilian 
we  fdi>  we  reiBnimend  to  ysur  beji  Core  andyudg- 
tfient ;  wherefore  ye  muji.  .lot  fail,  as  ye  tindtr  ,tiir 
Hineur,  and  the  Safely  »f  our  Damiuions  and  PtepU : 
\4nd  fer  d^ing  hretf,  theft  Prejenti  fa^ll  bt  U  J«4» 
and  every  of  you,  a  fuffiaint  ll^arnint  and  Difibtte^f 
in -thotj Behalf e:  Jitlfslnefs  whereof vjtbavt-taitfid 
' thefesur  Leiters  tole mads patmt.  -<,  ,li,j 

.»wi  .  Witnefs  p,url(ll,  »t  li^ejhiihijhr,  the  Isft  Day  of 
rtj5. ,  FebiM'yt  in  iJie  ihird  Vcar  of  our  Rugiu  - 
.^iili  ,.  Per  ipfum  Rtgtin. 

.  To  proceed  further  with  ihe  ComniDns,  —  Mt- 
RuJhwoith\i:\\i  lis.  That  ihe  Houfe,  having  weil 
iii^i  iiuilhed  the  fevcral  Particulars  ufGricvaQces 
of  mod  moment,  lefumed  ihe  former  Motion ;  To 
declare  who  was  the  Caufe  of  all  tlioic  Evils,  whict^. 
ip.it.  Committee  of  the  whole  Houii;t  was  meM- 
Qued  before.  \ 

c      This  Dcbste  was  as  hot  as  ever ;  and  the  Crinte^- 
To  frequently   objedled   againll  ihe  Duke,    w?rp 
^^'^"brought  in  afrefli,  as  if  they  had  nevei;  been  pro-'' 
'  pofcd  in  the  Houfc.     One  made  a  Diftin£iioi)  tb^^ 
the  DuVe  was  the  Caufe  of  fomc,  and  a  Cuiff^f 
xither  Giievances.     For  the  frj},  he  inftanecdi  ^," 
jie  Difaller  of  the  Armies,   the  Decay  of  Poitf^ 
"XfifTe,  Shi|>f,  and  Mariners.     For  lie  f  and,  hp, 
'inilaoced  in  Religion.     Fir/l,  His  Motlier  was  Su 
"      "        and ,  a  Fsfterer  ef  Recujants.     Seicndiy, 
Pipilfs  by  Im^jloymeni^,  and  Pa^;^ 
tptaiiis  are  placed  by-him.  And  as  for  /frminiaH^ 
f'^^Hiuji  {i)  is  a  Place  of  Coiduiuiioii  for  Mon- 

'-.  -.  t'H.iit 


I 


>■ 


X^   E-N  GLAND.     117 


l^g's^- land  other?,  from  whence  is  like  to  follow  An.  4..Cbariett« 
jDn^vation  in  Govcrnnient.  '•••• 

^^  Another  (InPurfuJtof  the  Argument,  That  Pa- 
^pifts  were  employed  by  the  Duke)  named  DaB^kr^ 
is  the  lyian  who  betra)^  our  Men  at  the  Ifle  c^ 
-Rhn\  ^here  all  was  carried  by  the  Advice  of  pri- 
vate Mjen,  land  ftnne  i]l-^fie£led  in  Religion ;  that 
4ii  an  Affiult  before  they  came  away,  five  hundred 
'Men  were  loft  \  and  in  the  Retreat  Dalbiir  was  to 
^  make  a  Bridge,  which  did  fo  intanglethem,  as  thejr 
tx>Qld  make  no  Defence :  And  all  contrary  to  the 
"Advice  of  the  reft  of  the  Commanders. 

'2kx  Riberi  PbiBps  was  of  Opinion  to  have  the 
-Decteration  run  thus*  ffi  concehe  the  Greatnijs  and 
Pmer  df  tbi'  Duke  of  Buckingham  is  the  chief  Caufi 
afall  thefe  Evilu  We  are  not  in  a  Way  of  Charge, 
but  of  a  Remonftrance.' 

.  Sir  JAn  Elliety  Sir  Edward  Coke^  and  Mr.  SeU 
ien  W€re  pofitive  to  name  the  Duke  as  the  Cauft 
of  our  Evils  \  for  fo,  faid  they,  ^  He  has  been  alrea- 
dy declared  in  the  laft  Parliament ;  fince  when,  the 
Caufes  are  multiplied,  and  he  hath  deferved  nothing 
better  of  the  Common- Wealth/ 
'  In  this  Debate  there  wanted  not  Mediators,  who 
did  defire  the  Houfe,  for  their  own  Ends  and  Hap- 
pideft,  to  bcfparing  in  that  Kind.  Sir  Humphrey 
May  put  them  again  in  Mind  of  the  King's  Defire, 
^  That  all  perfonalAfperfions  might  be  fotborn ;  that 
hi^  Majefty  will  take  it  as  an  Argument  of  their 
^federation  and  Judgment,  if  they  forbear  in  this/* 
:  Sir  Hetttj  Martin  advifcd,  *  That  the  Remon- 
ftrance be  fo  framed,  as  to  make  it  pallabic  to  hi» 
Majefty'ff  Judgment  and  Affeftion:  Let  him  be 
-perfuaded  that  it  comes  from  a  public  Senfe,  and 
not  from  private  Ends/  And  he  vindicated  the 
Duke  in  Point  of  Religion.  *  'Tis  true,  faid  he» 
his  Mother  is  a  Recufant^  but  never  any  Thing 
more  grieved  him  5  and  never  did  a  Son  ufe  more 
Means  than  he  to  convert  her,  and  he  hath  no  Power 
.  over  her ;  and  for  his  own  Lady,  whom  he  found 
not  firm  in  his  Religion,  he  hath  ufed  Means  to 
confirm  her.    As  for  Armniam^  I  have  often  heard 

him 


J».v**«riMii(hiinpro«ft,an(JvowagainfttiwirOpintom.  Itis^we^' 

**•*•"      many  thai  have  Skill  [herein,  may  have  fwneCift-' 

<Jit  wiih  him,  and  make  Vie  of  his  noble  N&fure' 

■ fM  iheir  own  Ends.     One  Particular  I  know  wfell, 

■^H  That  fome  Gentlemen  and  Preachers  of  grcar  El^l 

^^^P.  ,         teem  were  quetlioncd  for  a  Matter,  wherein  ihiflj' 
^^B^  was  fomc  Error  in  the  M  vner,  of  which  they  wtiFt'- 

'  prefentcd  ;  I  toW  him  of  [hem  and  that  they  weW" 

qucflioned,  and  he  anfwered  me.  He  would  do  the 
beft  he  could  for  to  countenance  ihem.' 

Sir  BnjamtH  Rudyard  gave  his  Judgment, '  That " 
if  [he  Matter  be  urged  home,  it  will  procSaJm  ibe 
Man  louder  than  wc  can  in  Wordi.     If  we  name 
^^_  &[ceS  of  Power,  ami  Atmfe  of  Power,  it  will  rcacB  - 

^^K  to  the  Duke,  and  all  others  in  future  Times;  and^  -^h 

^^H  to  i  Gcntlcmm  of  Honour,  nothing  u  fodeapari   ^| 

^^r  Senfe  of  Honour.     I  am  Witnds,  and  do  knon^l    ■ 

^^^  that  he  did  many  great  and  good  Offices  to  thbr   ^| 

Houfe.  If  the  Foifeiiure  of  my  Life  couW  bre«l'>  ^| 
an  Opinion,  that  ye  Ihoiiid  have  no  Occaflon  tOtt  ^| 
fomnlain  at  vour  next  Meetinz.  I  would  twwn  tr        ^^ 


complain  at  your  next  Meeting,  I  wouU  pawn  it 
to  you.     Nor  let  any  Man  fay.  It  is  Fear  makes  as 
deufi,  we  have  {hewed  already  what  we  dare  dp-'    • 
And  becaufe  the  Employment  of  Dulhier  -^\- 
given  much  Offence,  Sir  Thmas  Jcrmin  flood  lip  ■ 
in  his  Defence,  and  (aid,  •  He  haa  given  great  E- 
videnccofhisTrufiand  FideliLy.   When  theCwiirf  ■ 
Palatini  retired  himfelf,  and  the  Council  agreed  to 
fend  a  Party  under  Count  Adamfieldia  make  a  bead  i 
aT)d  the  King  fent  Word  to  the  Paktini  to  be  pw- 
fentinPetfoii,  Dalbler  went  along  with  him,  with 
one  more;  and  being  in  a  Village  mGermoiy^  a 
Troop  of  fifty  Horfe  met  them ;  and  Dalbier  went 
to  the  Captain  and  frfid,  Wc  are  in  a  Strait,  I  will 
give  you  fo  many  Crowns  to  conduft  us,  whi^^ii  - 
was  done,  and  DalbiiK  went  along  with  him.' 

In  GGnclufion,  Jute  i3ih,  it  was  agreed  upon  ■ 
the  QiieflipQ,  That  the  excefiiye  Power  of  the 
Duke  of  Buciltiihom,  is  the  Caufe  of  the  Evils  and 
Danp;ers  to,  the  King  and  Kinedoni ;  and  iliat  this 
bpad(le4  IC- the:Remun:1iance.  —  But  thisCircum- 
ft.'.ncc 


flance  is  not  mentioned  iq  the  7')h^'"i^  of  this  Day ;  A^.t-Ot^ttil 

though  there  isfomewhat,  the  next  Day,  to  that      '*■*' 
Purpofe. 

The  Commons  about  this  Time  voted,  Thst- 
Dr..  Niiit,  Bifhop  ^^JVmchejUr  ((J,  and  Dr.  Laud^ 
Bi(bop  of  Bath  and  IVtlh^  be  named  to  be  ihofe 
neu:  about  the  King  who  ve  tufpcded  to  be  Aimi- 
mans ;  and  that  they  are  juftlv  reputed  to  be  un- ^ 
found  in  llieit  Opinions  that  Way.  .-..ri 

The  Houfe  being  turned  again  into  a  Commit--^ 
la?  concerning  the  Remonftrance,  iAt.ScIJitt  pro- 
ppjed,  *.  1  hat  to  ihe  exceflive  Power  of  the  Duke 
lliould  be  added.  The  Abufe  of  that  Ptnoer :  And 
lince  that  Abufe  is  the  Caute  of  thefe  Evib.  that  it 
be  prefentcd  to  his  Majefiy  to  confidcr  whether  it 
berfafe  for  the  King  and  Common- Wealth,  that  a 
Man  of  his  Power  Ihould  be  lb  near  hia  Majefty. 
This  was  ordered  accordingly ;  and  all  the  Parfs-* 
of  (be  Rcmonftrance  being  agreed  unto,  it  was  peH 
feiled  to  be  prefcnied  to  the  King,  as  followSi-i; 

M^JI  Dread  Sovereign, 

*i£\,  tiful  Common's,  now  atlcmbied  in  Failia-'^^'"''"?™™'- 

*  tnent,  do  acknowledge  the  great  ComFort  which£|"gt),'t'"t:,aVe 

*  -we  have  in  your  Majetly's  piousand  gracions  Drf-  oC-uciievaicM. 
'  pofition  3  fowethinkit  iimeetandmoft  neceflkry 

'  I5iiiy,beitig  called  by  yourMajeftyTOConfult  and^ 
'  idt-ire  of  the  great  and  argent  Afeirs  of  ihfsChorch 
'  atid'Comhion -wealth,  finding  them  at  tliisTime* 
'  (HapparentDangerof  Ruin  and  Dcftruflion,faith-"' 
'  faWf  -and  dutifully  to  inlorm  your  Majefty  liwrif.''' 
"""V'fhd  with  b!eedine:  Hearts  and  bended  KneCs,^ 
..  crave  fuch  fpeedy  Rcdrefs  therein,  as  to  ywi^' 
'  6wn"Wifdom  [unto  which  We  moll  humbly  Tub"'"' 
'  mit'ourfelves  and  our  De/ires)  Diall  feem  moft  ' 
'  meet  and  convenient.  What  the  Multitude  and 
'  Potency  of  your  Majcfly's  Enemicsare  Abrtad? 
■  Wha'tbclheii'malidousandambitiDiisEnds!  And'' 


iltr^^ChdeiL'  how  viErilanT and cotiftantly  induftrious  the^zre'' 
i6tS/       «  in^Hirfuing  the  fame,  is  w«ll  known  to  your  Ma-' 

*  jefty?    Together  with  the  imminent  Dangers' 

*  threatened  iheieb)"  to  your  facred  ?effon  anii  ydur 

*  Kingdoms,  and  the  CKlamities  wliichhavealm- 

*  dy  fallen,  pnddo  daily  incrcafc,  upon  your  Frieoda' 
"  and  Allie4;  of  which,  we  are  well  alTured,  your 
'  Majeityis  moft  fenfible,  and  will  accordingly,  in' 

*  your  great  Wiidom,  and  with  the  graveft  an  J 
»  moft  mature  Council,  according  to  the  Exigency 
'  of  the  Times  and  Occalions,  provide,  by  ali  good' 

*  Means,  to  prevent  and  help  the  lame. 
'  To  which  End  we  moil  humbly  intreat  your 

*  Majefty,  firft  and  efpecially,  lo  caft  your  Eyes 
'  upon  ihe  mircrablc  Condition  of  this  your  own 

*  Kingdom  J  of  late  fortrangely  impoverithcd  and 
'  dtlbonoured,  that  untefs,  through  yocr  Majefty'* 
'  moft  gracious  Wifdom,  Goodnels,  and  Jufticc,  it 
'  be  rpeedily  railed  to  a  belter  Condition,  it  is  in  no 
'  little  Danger  to  become  aiudden  Prey  to  theEne- 

*  mies  thereof ;  and  from  being  ihe  moft  happy  and 

*  fiourifliing,    lo  be  the  moft  mifcrablcand  cou- 

*  lemptible  Nation  in  the  World.     In  the  Difco- 

*  Ycrics  of  which  Dangers,  Milchiefs,  and  IncoH' 

*  venicncies  lying  upon  us,  we  do  freely  proteft  that 

*  it  is  far  from  our  Thougli[s  lo  ky  the  ieaft  Al- 

*  perlion  upon  your  facred  Perlbn.or  the  Ieaft  Scan.; 

*  da!  upon  your  Government  i    for  we  do,  in  all 

*  Sincerity  of  our  Hearts,  not  only  for  ourfelves, 

*  but  in  the  Name  of  all  the  Commons  of  the 
'  Realm  (whom  we  rcpreIi;nt)afciibea?muchHo- 

*  nour,  as  a  moft  loyal  and  aifeftionate  People  can 

*  do,  unto  the  beft  King:    For  fo  you  are,  and  fd 

*  have  been  ple'afed  abundantly  to  exprefs  youtfelf, 

*  this  prefent  Parliament,  by  your  Majefty's  dear 

*  and  faiisfaflory  Anfwer  lo  our  Petition  of  Right  j 

*  for  which  both  ouifclves,  and  our  Pofteriiy,  fhall 

*  blefs  God  for  you  j  and  ever  preferve  a  thankful 

*  Memory  of  your  great  Goodnefs  and   Juftice 

*  therein.— And  wt  do  alio  vEtiiy  believe,  that  all, 

*  or  moft  of  ihefe  Things,  whii;h  we  fhall  now  pre- 

*  lent  unioyoar  Muj^fly,  artcjihcrunlinowniinii 
-I---  '  you. 


Sy^u,  or  elfcby  fomcvOf  your  Majefty's  Mimft^rs  Anr4i4!iMei.li 
'  dSbred  under  iuch  fpocious  Pretence&aa  may  bide      «C*8i 
^  tbeir  own  bad  Intemions,  and  ill  Confequencesof 

*  tbeno,  from  your :  Majefty.    But  we  g^tture  ow-' 

*  idvesi  ^ccbrding  to  the  good  ExaiDple  of  yllur 
^^M^Qfty'3  Prciteccfforei'  iiotbing  can  m^eyour 
^  jMEajefty.  i(belng  a^inrifoaod  judicious  PFtnice,  tnd 
*''ia|?Qi^lv>rhingsdijfitous  of  tbe  Welfare  :pf  your 
^.jiP^6^te^)i:more  in. lore  vrith  P^lwutntfi  tl^antliisj 
S  wbjfrii  li9>;0ne>  of  the  pciocipal  Endd.  off  ealUng 
^.tbfirn^  That  therein  yoi^r  .Majefty. laafbef  trijly 

*  inrormed  of  tbe  State  of  all  the  &veraI;Pactrof 
^  :your  Kingdom,, and  bow  your  Qfficera  do  behave 
^  tj2$m&lves  in  Difcharge:  q{  tlie  Tn^^  fepofdid  in 
f.  them  by  your^Mjjcfty,  whieh  isfc^rce  poffiMe^o 
*:  be  ^maiic  known ^to  you,  but  in  ParliamenM  as 
V  jw^ideclarcd  by  your  blefled  Father,  when  he  was 
^:  pJcafed  to  put  tbe  Commons  in  Parliament  aflem-* 
r  bled  in  Mind,  That  it  would  be  4he^  greatifi  JJn^ 
?  fdUhfukefs^  and  Breach  of  Duty  to  his  Majijly^  and 

*  j>f  the  Iruft  committed  to  them  by  the  Country  that 

*  could  be^  if  in  fetting  forth  the  Grievances  of  the 
^- People  ^  and  the  Condition  of  all  the  Parts  of  this 

*  Kingdom  from  whence  they  come^  they  did  not  deal 

*  xiearly  with  him^  without  fparing  any.  hm  near  ^i- 
^  dear  Jiever  they  were  unto  bim^  if  they  were  hurt* 
^  fui  or  dangerous  to  the  Common-wealth,       .     ;,  » 

..*  In  Confidence  therefore  of  your  Majefty's  gja-» 

*  cjous  Acceptation  in  a  Matter  of  fohighlmpgr** 
* .  Itance,  and  in  faithful  Difchi^rge  of  our  Duties  f 

*  We  do,  firft  of  all,  moft  humbly  bcfeeqh  :y<)ur 

*  Majefty  to  take  Notice  that  howfoever  we  ikqpw 
5.  your  Majefty  dotjb,  with  your  Soul  abhpf,  tfaat 
Vafiyfuch  Thing  (hould  be  imagined  oratte(iy>t^ 
^:.ed.;  yet  there  is  a  general  Fear  Jo  yo\y;.  People 

*  :af  ibme  fccret Working  and  Cembin^tiou.tQjin-^ 
^  .ttoduce  into  your  Kingdom  fome  lQ;)Ov.3Uon.^d 
K  Change  of  our  holy  Religion,  more  precipu^  \k%to 
^;u$  than  our  Lives  and  whatever  this  VVprJ^^air 
,*  afford.  And  our  Fears  and  Jealoufie&^herein  .^r^i 
'  not  meedy  conjeAural^  but  arijing  out  c/fuch 
'  rerr^in  and  vtfible  £Se(^  as  may  demonftrs^te  a 

*  true 


fhs  '^aktaii^tjfy  ^\s41k 


iifc*i'i|M*BI,«trtie  and   real  Caufe;    for  notwithftanding  the 

IMS.      «  j^jny  good  and  whokfome  Laws,  and  the  Pro» 

'  vifions  maJe  to  prevent  the  Incrcafe  of  Popery 

I*  wiifiin  this  Kingdom  ;  and  tioIwithllandii^.TOur 
*  Majefty's  moft  gracious  and  (aitsfadlory  AnTwer 
•  to  the  Petition  of  both  Houfes  in  that  Behjil^ 
*  prefented  to  your  Majefty  at  Oxford ;  (d)  w« 
'  find  there  hath  followed  no  good  Execution  nor 
*  Effeft:  Bat  on  the  contrary  (at  which  youi 
*  Majelly  out  of  the  quick  Senfeof  your  own  reli- 
•  gious  Heart  cannot  but  be  in  the  highelt  Meafure 
'  *  *  difpjeafed)  thofeofthat  Religion  do  find  extraor- 

'  dinary FavoursandRefpedlaiCourtifromPerfons 
^^K,  ^  of  great  Quality  and  Power  there,  whom.lhey 

^^ft  '  continually  refori  unto,  and  in  particular  to  ihc 

^^H  *  Countefs  of  Buckinghajn;    v7ho,  herfelf,  openly 

^^B  *  profcfling  that  Religion,  is  a  IcnownFavourerani 

W  '  Supporter  of  them  that  do  the  fame;  which  we 

r  *  well  hoped,  upon  your  Majefty's  Anfwcr  lotho 

L  '  aforcfeid  Petition   at  Oxford,   (hould  not  have 

^^H<  '  been  permitted;   nor  that  any  of  your  Majefty's 

^^^L  '  Eubjcdbof  that  Religion, or  juHly  to  be  fufpei^d, 

^^^B  *  (hould  be  entertained  in  the  Service  of  your  Ma- 

^^F  '  jefty,  or  your  Royal  Confort  the  Queen.    Some 

I  *  likewife  of  that  Religion  have  had  Honours,  Of- 

'  *  fices,   and  Places  of  CommantJ  and  Authority 

I  *  lately  conferred  upon   them.     But  that  which 

'  ftriketh  the  createft  Terror  into  the  Hearts  of 
I  '  your  Loyal  Subjefls  concerning  this,  is,,that  I^fc- 

*  lers  of  Stay  of  legal  Proceedings  againlt  them  havQ 

*  been  procured  from  your  Majelty,  by  what  io- 
'  direft  Means  we  know  not:   And  CommtlTiong 

*  under  the  Great  Seal,  gtaried  and  executed  for 

*  Compofiiion  to  be  made  with  Popifli  RecufanU, 

*  with  Inhibitions  and  Reftraint  hoth  to  the  Eccle- 
'  fraftical  and  Temporal  Courts  and  Officers,  loin- 
'  Termeddle  with  them ;  which  is  conceived  to  a- 
'  mount  10  no  lefs  than  a  Toleration,  odious  I9 

*  God,  full  of  Difhonour  and  exUemt  Difprofit  ti> 

*  your  Majefty,  of  extreme  Scandal  and  Grief  lo 

*  your  good  People,  and  of  appareni  Danger  to  the 
prcfcot 

{i)  Sec  Vol.  6,  p.  111. 


^  .or  EN  GX  AI«  D,    i2j 

*  prefem  State  of  your  Majcfty,  aod.of  this  King-AB-4  Cbfi" 

*  (Join  •  '^'r  Numtwn,  Power,  and  latblency  dai-       '^• 

*  ly  bicrcafing  in  all  Parts  of  your  Kingdom^  and 
'*  eriKcially  about  Liudiin  and  tbe  Suburbs  tboeof ; 
'  where  exceeding  many  Families  do  make  ikts 

*  Abode,  publlckly  frequent  Ma&  at   Denmark- 

*  -'H^ufi,  and  other  Places ;  and  by  their  often  Mee^■ 

*  ings  and  Conferences,  have Opportunitiesofcotn- 

*  6ining  their  Coonfels  and  Strength  ti^cther,  to 
■■ffie  Hazard  of  your  Majefty's  Safety  and  tbe  SCKe^ 

*  and  moft  efpecially  in  ibefe  doDbtfiil  and  calami- 
'  Tous  Times. 

'   *  And  as  our  Fear,  concerning  Change  or  Sub- 

*  Tefflon  of  ReHg^onn  b  grounded  upon  the  daily 
*"  IricreaCe  of  Papifts,  ihe  open  and  profefled  Enc- 

*  inies  thereof,  for  the  Reafom  formerly  njention- 

*  ed1    sia  are  the  Hearts  of  your  good  Subjcfls  ho 

*  lefs  perplexed,  when  wiih  Sorrow  they  behold  a 

*  darly  growth  and  fpreading  of  the  Fadlion  of  the 

*  jfrmnhns,'  that  being.,  as  your  Majefly  well 
'  kfiows,  but  a  cunning  Way  lo  bring  in  Popery  j 

*  and  the  Profeflbrs  of  thofe  Opinions,  the  com- 
'  nr^rtDidurbersof  the  Proteftant  Churches,  and 

*  IncendUriesinthofeStatcs  whereinihey  havegot-  . 

*  teh-any  Head,  being  Proteftants  in  Shew,  but  Je- 

*  fuitsin  Opinion  and  Praffice;  which  caufedyaur 
'  Royal  Father,  with  fo  much  pious  Wifdoni,  and 
*'  ardiint  Zeal,  to  endeavour  the  fupprcdingof  them* 

*  as.  will  at  Home  as  in  the  neighbour  Couniiies. 
•'Apdyour  gracious  Majefty.  irnitating  Sis  m6ft 
"■worwy 'Example,  haih  opemy,  and  by  your  P'ro- 
* '^tfl^Mation  declared  your  Miflike  of  thole  Perfons, 

*  ahd  of  tliefr Opinions ;  who  notwithftandjng  are 
•'-^th  favoured  and  advanced,  act  wanring 
*'^Priends  even  of  the  Clergy,  near  to  your  Mye^ 
•flyr  namely,  I>,   Ns:.'(   Bitliop  of  ff^m/mtrf 

*  InrfDr.  Z(;WBi(hopof  B,7f/;and7;Wij,whQ>rc 

*  iuftljrfurpefted  to  be  unfouiid  in'  their' Opinions, 
■"ihat  Way.  And,  ii  bt;ing  now  gpneraJly  held 
"tfife  "Vi^ay  td  Preferment  and  .Prorootlon  in  the- 
■"■CKlirch.'inanr  Scholars  do  bend  dieCoutfe  of^ 


324   The  Tarliamentary  HisronY 

iik^OuitUH.^  their SiudieslomBintainihofeErrorsj  ihcirBoola 
***        *  and  Opinions  are  Tuffercd  to  be  printed  and  pul>- 

*  liflied;  and  on  ihe  other  Side,  the  Imprinting  d 
I  *  fuch  as  arc  written  a^ainft  them,  and  in  Deioice 
^^H  '  of  the  orthodox  Religion,  are  hinder'd  and  prohU 
^^P  *  bited;  and  (which  is  a  Boldnefsalmoft  incredibly 
^^             ^  this  Rellraint  of  orthodox  Books,  is  made  uodet 

*  Colour  of  your  Majefty'a  formerly  mentioned 
'  Proclamation,  ihe  Intent  and  Meaning  whereof, 
'  we  know,  was  quite  contrary. 

*  And  further,  to  increafe  our  Fears  concerning 

*  Innovation  of  Religion,  we  find,  that  there  hath 
'  been  no  fmall  Labouring  to  remove  that  which  is 

I '  the  moft  powerful  Means  to  ftrengthen  and  m- 

^^^^  *  creafe  our  own  Religion,  and  looppofe  the  con- 

^^B  *  trary,  which  is  thedilgentTeachmgandlnflruc- 

^^^  *  lion  of  the  People  in  the  true  Knowledge  and 

^^       V  *  Worfliip  of  Almighty  God.      And    therefore 

*  Means  hath  been  fought  out  lo  deprefs  and  dif- 

*  countenance  pious,  painful,  and  orthodox  Prtach- 
'  crs ;  and  how  conformable  foever,  and  peaceable 
'  in  [heJr  Dirpofiiion  and  Carriage  tliey  be,  yet  the 
'  Piefermcntof  fuch  is  oppofed  5  and,  inftead  of 
'  being  encouraged,  ihey  are  molefted  with  vexa- 
'  liousCourfes  and  i-'urfuits,  and  hardly  permitted 

*  to  leflure,  even  in  ihofe  Places  where  are  no 
'  conftant  Preaching  Minifters;  whereby  many  of 

*  your  good  People  (whofe  Souls,  in  this  Cafe,  we 

*  befeech  your  Majelty  lo  commifetaiej  are  kept  in 
'  Ignorance,  and  aie  apt  lo  be  eafily  ieduccd  to  Er- 
'  ror  and  Superftiiion. 

'  Itdoih  not  a  little  alfo  increafe  our  Dangers  and 

'  Fears  this  Way,  to  underhand  the  miferablc  Con- 

'  dition  of  your  Kingdom  of  Ireland;  where,  Wlth- 

'  out  Controul,  the  Popifli  Religion  is  openlypro- 

*  feiiid,  and  pradifcd  in  every  Part  thereof:  Popifh 

*  Jurifdidtions  being  there  generally  exercifed  and 

*  avowed  J  Monafteries,  Nunneries,  and  other  fu- 
«  perftirious  Houfes  newly  ereflcd,  re-edified,  and 

*  repleniflied  with  Men  and  Women  of  fevcral  Or- 

*  dets,  and  in  a  plentiful   Manner  maintained   at 


Of   E  NGl;  A  N  D. '•  aaj 

Ihlt/Sn^  and  moft  of  the  great  Towns,  and  divers  An,  4.  ciiarllsT. 
other  Places  of  the  Kingdom;  which,  of  what  >6aS« 
ili  Confequence  it  may  prove/ if  not  feafonably 
reprefled,  we  leave  to  your  Majefty*s  Wifdom 
to  judge :  But  moft  humbly  befeech  you  ^as  we 
aflure  ourfelves  you  will)  to  lay  the  ferious  Con* 
fideration  thereof  to  your  Royal  and  Pious  Heart, 
and  that  fome  fpeedy  G>urie  njay  be  taken  for 
Rediels  therein. 

*  And  if  n©w,  to  all  thefe,  your  Majefty  will  be 
pleafed  to  add  the  Confideration  of  the  Circum- 
ftances  of  Time,  wherein  thefe  Courfes,  tend- 
ing to  the  Deftrudlion  of  true  Religion,  iyith- 
in  thefe  your  Kingdoms,  have  been  taken  here ; 
even  then  when  the  fame  is,  with  open  Force  and 
Violence,  profecuted  in  other  Countries,  and  all 
the  Reformed  Churches  in  Chriftendein^  either  de- 
preflcd,  or  miferably  diftreffed :  We  do  humbly 
appeal  unto  your  Majefty's  Princely  Judgment, 
whether  there  be  not  juft  Ground  of  Fear  that 
there  is  fome  fecret  and  ftrong  Co-operating  here 
with  the  Enemies  of  our  Religion  abroad,  for  the 
utter  Extirpation  thereof:  And  whether,  ifihofe 
Courfes  be  not  fpeedily  redrefled,  and  the  Profef- 
fion  of  true  Religion  more  encouraged,  we  can 
expeft  any  other  but  Mifery  and  Ruin  fpeedily 
to  fall  upon  us ;  -efpecially  if,  befides  the  vifible 
and  apparent  Dangers  wherewith  wearecompai- 
fed  about,  you  would  be-  pleafed  to  remember 
the  Difpleafure  of  Almighty  God,  always  bent 
againft  the  Negleft  of  his  holy  Religion,  the 
Strokes  of  whofe  Divine  Juftice  we  have  already 
felt,  and  do  ftfll  feel,  with  Smart  and  Sorrow, 
in  great  Meafure. 

*  And  befides  this  Fear  of  Innovation  in  Reli- 
gion, we  do,  in  like  faithful  Difcharge  of  our 
Duties*  moft  humbly  declare  to  your  Majefty^ 
that  the  Hearts  of  your  People  arc  full  of  Fear 
of  Innovation  and  Change  of  Government,  and 
accordingly  poffcfled  wiih  extreme  Grief  and 
Sorrow  ;  yet,  in  this  Point,  by  your  Majefty's 
lat«- Anfwer  to  q^^x  Petition  if  Ri^ht,  touChin<j, 
Vol-  VIII.  P  "  ou- 


fta6    ThiTtfiiilsmmrdr^i%ro.Xr 

Aa.4>  Chiileil.V  oar  L'^rties,  much  comforted,  and  niHcd  again 
■6*8.        «  out  of  [hat  Sidnefs  and  Difcontent,  whith  they 

*  generally  had   conceived  throughout  the  whole 

*  Kingdom,for  undue  Cuurles  which  were  thclalt 

*  Year  taken  for  raifing  of  Monies  by  Loans ',  than 
'  which  (whaieveryour  Majerty  hath  been  inform- 

*  cd  lo  ihecontrary)  there  were  never  any  Monies 
' ,  demanded  nor  paid  vrith  greater  Grief)  and  gene- 

*  ral  Difiikeof  all  your  f^irhlul  Subjcfts;  Aough 

*  many,  partly  out  of  Fear,  and  partly  out  of  o- 
'  ihet  Refpedts,  yet  moft  unwillingly)  were  drawn 

*  to  yielJ  to  what  was  required.    . 

'  The  Billeting  of  Soldiers  did  much  augment 

*  bolh  ihett  Fears  and  Grief;  wherein  likewife' 
*-,  they  find  uiucli  Comfort  upon  your  gracious 

*  Aifiver  to  our  Pititien  ef  Right,  and  to  what  we 

*  prefcnced  to  your  Majelty  concerning  this  Parti- 

*  cuUr.     Yet  we  moll  humbly  beleech  your  Ma-  ■ 

*  jcfty,  that  we  may  inform  you,  that  the  yet  Con- 

*  cinaance,  and  late  Re-inforcing  of  thole  Soldiers  j 
'  the  Conditions  of  their  Perfons,   manyotibcm' 

*  not  being  Natives  of  this  Kingdom,   nor  of  the 

*  fame  but  cf  an  oppofiie  Rdiyon ;  the  placing' 
'  them  upon  ihcSea-Coait,  where  making  Head 

*  among  themfclvej,  they  may  unite  with  the  Po- 

*  pilh  Party  at  Home,  if  Occafion  Icrvc,  and  join 

*  with  an  invading  Enemy  to  do  extreme  Mif- 

*  chief}  and  that  ihey  are  not  yet  difmified;  do 
*-both  ftill  miniHer  Caufe  of  Jcaioufy  in  your  iov- 

*  ing  Subjects  1  for  ihat  the  Soldiers  cannot  be  con- 

*  tinucd  without  exceeding  great  Danger  of  the 

*  Peace  and  Safety  of  your  Kingdom. 
*  TheReportof  theftrangennddan^roufiPurpofc 

*  of  bringing  in  German  Horfe  and  RiderSi  would 

*  have   turned  our  Doubts  into  Defpair,  and  our 

*  Fears  into  a  Ccrtainy  ol  Confulion,  had  not.your 

*  Majefty's  gracious  MeHage  (for  wh'ch  we  hum-  ■ 
'  bly  give  you  Thanks)  crniforied  us,  by  ihe  Aflu- 
'  ranee  of  your  Royal  Word,  that  they  neither  arc, 

*  nor  were  intended  by  ycur  Majelly,  for  any  Ser- 
'  Yice  in  EiiS'tiTid;  butthit  they  were  defigned 
'  fcr  fomc  other  foreign  tmpli.yincnt :   Yet  the 

'  Sight  - 


*  /.Sight3of  the  Pciir/^SeAtfe^,  by  which^  i(ifei^metii|  411,4.  cKarWs  u 
•:iite)r^dr«  tobeierhfl;Ldie-:gi;cal  Sulfa  ofMo-    ,  >6i»« 
'^jlndjr*'  wi])ich^^ty]on''£:ta3ninatk^     we  fotmdifo 
^'^kjj^d  fen  Am  Putpofij'  pL^      )uft  Ga^tieiof 

^  Fear  truAdd^^odt  bSoitft  the  fume  Titne,  tUerd 
^  was^X;  Goniiififfion  lupiMr  the  Great  Seal  granted 

*  ucKuMb^IiiaDcband  others,  of  the  Privy:  Council, 
^  la^«fad5d«T  of  other  Ways  fot  raifing  Monies,  fo 

*  pattjoulariy  bylmpdfitions  j  which  gave  us  juft 

*  €^&Jtf>  fufpeA,  diat  whatfoever  was  your  Ma- 
'Vjeftyfgrgcacioui  Intientioxl^,  yet  there  waufed  not 

*  thofe*    that,  under  fome  colourable  Pretence> 

*  mfght  fecretly  by  thiSy  a$  by  other  Ways^  -con- 

*  trivelnio  chae^  the  Framfe  both  of  Religion  and 
^  .Govefnment,  and  thereby  undernpiine  the  Safety 
^  of  yoiir  Majefty  and  your  Kingdoms. 

^liTbefe  Men  could  not  be  ignorant,  that  the 

*  bi^Jhgrng  in  of  Strangers  fiDr  Aid  hath  been  pcrni- 
\  cioiilsrtp  moft  States,  where  they  have  been  ad- 
'.  mitted,  buti  to  England  fatal.  We  do  blefs  God 
*..thit  bath: given  your  Majefty  a  wife undcrftand- 

*  iag  Heart  to  difccm  pf  ihofe  Courfes,  and  that 
*,fUGh.:Power  produccth  nothing  but  Weakntfy 
**  and  Calamity.      And  we  befeech  your  Majefty 

*  to  pardon  the  Vehcmency  of  our  Expreffion,  if, 

*  in  the.  lo^^l  and  Cealous  Affcdlions  we  bear  to 

*  yourM^^  and  your  Service,  we  are  bold  to 

*  declare  t©  your  Majefty  and  the  whole  World, 

*  That  we  hold  it  far  beneath  the  Heart  of  any  free 

*  Engiffhmah  to  ihittfc,  'that  this  viflorious  Nation 
•-fhould  now  ftand  in  need  of  German  Soldiers  to 

*  defend  their  own  Kirig:and  the  Kingdom. 

>  Baf.wben  wB'confider  the  Courle  formerly 

*  Imentioned,  arid:  thefe  Things  tendmg  to  anap- 

*  parent  Change!  of  Government;  the  often 
'  Breatcheiof  , Parliament,  whereby  your  Majefty 

*  hath :beeQ deprived  -of 'the  faithful  Coufifei,  and 

'\  .  \.    ;.  /■.         '  P^a  *■  free 

That  ^;Odol."  ^$  j^aii  to  Bi/7i/  Bwletiacbi  cf  L9n(hrt,  Metitbanf , 
viafm£pr.4\^  levyii^and  cx^nfp^Mtlay  of  >ooo  Horfe,  15,000!.  For 
500.0  A^uJl^ts,  cooo  CyVficts,  and  5000  Pikes,  10,300!.  An^ 
for  rooo  Cifrafelrt  complect,  2O0  Coigns  tod  QirbiiMtt  jf^o^ 
to  bit-Wouglit  over  laXo  this  Kmjj^iioi&r 


a  2  8    77:?^  Tarliamentary  History 

An.  4-  Charles  1.  *  free  Aids  of  y ourPcoplc ;  the  taking  of  TonnagQ 
i62g.        <  and  Poundage,  without  Grant  thereof  by  Aft  o£ 

*  Parliament,  ever  fincc  the  Beginning  of  your  M*-, 

*  jefty*6  Reign  to  this  prefent ;  the  ftanding  Cp^-. 

*  miffion,  granted  to  the  Duke  of  Buckingham^  to 

*  be  General  of  an  Army  in.the  Land,  in  the  time^ 
.*  of  Peace  j  the  difcharging  of  faithful  arid  fuffici- 

*  ent  Officers  and  Minifters,  fome  from  judicial 

*  Places,  and  otlieis  from  the  Offices  and  Authori- 

*  ties  which  they  formerly  held  in  the  Coinncion 

*  Wealth :  We  cannot  but,  at  the  Sight  of  fuch  an 
'  apparent  Defolation  as  muft  neceflarily  follow 

*  thefe  Courfes,  out  of  the  Depth  of  Sorrow,  lift  up. 

*  our  Cries  to  Heaven  for  Help;  and  next,  under 

*  God,  apply  ourfelvcs  unto  your  facred  Majefty ; 
'  who,  if  you  could  hear  fo  many  ThoufandsfpeakT 

*  ing  together,  do  jointly  implore  fpeedy  Help.apd 
'  Reformation. 

*  And  if  your  Majefty  would  be  pleafed  to  take 

*  a  further  View  of  the  prefent  State  of  your  Realm, 
'  we  do  humbly  pray  you  toconfider,  whether  the. 

*  miferable  Diiafters,  and  ill  Succefs  that  hath  ac-. 

*  companied  all  your  late  Defigns  and  Aflions, 

*  particularly  thole  of  CadiZy  and  the  Ifle  of  Rhee^ 

*  and  the  laft  Expedition  to  Rochely  have  not  ex- 
*.  tremely  wafted  .that  Stock  of  Honour  that  was 

*  left  unto  this  Kingdom,  fometimes  terrible  to  all . 

*  all  other  Nations,  and  now  declining  into  Con- 
'  tempt  beneath  the  meaneft. 

'  Together  with  our   Honour,   we  there  loft 

*  thofe  {and  that  not  a  few)  who,  had  they  lived,, 

*  we  might  have  had  fome  better  Hope  of  re^cov.er- 

*  ing  it  again ;  our  valiant  and  expert  Colonels, 

^  *  Captains  and  Commanders;  and  many  thoufand  . 

*  common  Soldiers  and    Mariners:    Though  we 
'  have  fome  caufe  to  think,  that  your  Majefty  is 

*  not  as  yet  rightly  informed  thereof;  and  that  of 

*  fix  or  feven  thoufana'of  your  Subjeds  loft  at  the 
'  Ifle  of  Rhee^  your  Majefty  received  Information 

*  but  of  a  few  hundreds.     And  this  Diflionour  and 

*  LoCa  haih  been  purchafcd  with  ti}c  Confumptioa 
'  oi  ahoVc  a  Million  of  Trcafure. 

*  Many 


Of   ENGLAND.      up 

*  Many  of  the  Forts  are  exceeding  weak  and  An.  4- Charles  i. 
decayed,  and   want  both  Men  and  Munition.        *^*^' 
And  here  we  cannot  but  with  Grief  confider  and 
complain  of  a  ftrange  Improvidence  (we  think 
your  Majefty  will  rather  caJl  it  Treachery)  that 

four  Store  of  Powder,  which,  by  Order  of  your 
rivy  Cbuncil,  dated  the  tenth  of  Dicembsr,  1 62(f , 
fhould  be  conftantly  three  hundred  Lafts,  befides 
a  continual  Supply  of  twenty  Lafts  a  Month  for 
ordinary  Expences,  and  were  now  fit  (as  we  con- 
ceive) to  be  double  the  Proportion,  is  at  this  Time 
in  the  Tower  (theprefent  Warrants  being  ferved) 
but  nine  Lafts  and  forty-eight  Pounds  in  all  ; 
which  we  tremble  to  think  of.  And  that,  not- 
withftanding  this  extreme  Scarcity  of  Powder, 
great  Quantities  have  been  permitted  to  be  fold 
out  of  your  Majefty  *s  Store,  to  particular  Per fons, 
for  private  Gain ;  whereof  \ye  have  feen  a  Cer- 
tificate of  fix  Lafts  fold  fince  the  fourteenth  of 
January  laft,  and  your  Majefty's  Store  yet  un- 
furnilhed  of  Powder  ;  which,  by  a  Contradt  made 
with  Mr.  Evelyn^  by  Advice  of  your  Lords  in 
Parliament,  ought  to  be  fupplied  monthly  with 
twenty  Lafts,  at  the  Rate  of  3 1.  los.  lod.  a  Bar- 
rel ;  yet  your  Majefty  hath  been  forced  to  pay  a- 
bove  7!.  a  Barrel  for  Powder,  to  be  brought  in 
from  beyond  Seas ;  for  which  Purpofe,  12,400 1. 
was  imprefled  to  Mr.  Burlemachi  the  laft  Year  ; 
and  that  Powder  not  fo  good  as  what,  by  Con- 
traft,  your  Majefty  ftiould  have,  by  one  third 
Part :  All  which  are  moft  fearful  and  dangerous 
Abu  fes.    ' 

*  But  what  the  Poverty,  Weaknefs,  and  Mifery 
of  our  Kingdom  is  now  grown  unto  by  .Decay  of 
Trade,  and  Deftrudion  and  Lofs  of  Ships  and 
Mariners,  within  ihefe  three  Years,  we  are  al- 
moft  afraid  to  declare :  And  could  we,  by  anyo- 
ther  Means,  have  been  fure,  that  your  Majefty 
Ihould  any  other  Way  have  had  a  true  Informa- 
tion thereof,  we  fhould  have  been  doubtful  to 
have  made  our  Weaknefs,  and  Extremity  of  Mif- 
foriune,  in  this  Kind,  to  appear :  But  the  impor- 

P  3  tunate 


230    TheTarliakeafofy History 

iU.^Chiricii.*  lunate  and  moft  pitirul Complaints  ftom  laUFartt 

*  of  the  Kingdom  adjoining  to  the  Sea^  iil  this  Kind, 

*  would  rend,  as  wc  thlnki  [lie  ftonyeft  Heait  in  the 
'  World  with  Sorrow;  andiheScnfewebaveof  the 
■'  miierable  Condition  yoor  Kingdom  is  ih  byieaXon 
'  thereof,  efpecially,  for  ihat  we  I'ce  no  poflible 

*  Means  (being  now  ihorilj'  to  end  thij  Scflion) 
'  how  to  help  the  fame,   adds  fuch  a  Weight  of 

*  Gtief  uoio  OLir  fad  Thoughts,    as  we  have  not 

*  Words  to  exprefs  it:    But  for  your  Majelly's 

*  more  exadt  Inforniaiion  therein,  we  bcfccch  you 
•*  be  pleafed  to  perufe  the  Kalendar  of  Particulars, 
I*  which,  with  the  Remonftrance,  we  moft  hum- 
bly prefent  unto  your  Majefty- 
*  One  Realbn,  amongft  many,  of  this  Decay 
of  Trade,  and  Lofs  of  Ships  and  Mariners,  is. 
The  not  guarding  of  the  narrow  Seas ;  the  Rega- 
lity whereof  your  Mjjefty  halh  now  in  a  Man- 

■  **  ner  wholly  lort,  being  that  wherein  a  principal 
'- »  Part  ot  the  Honour  and  Safety  of  this  Kingdom 

•'•  heretofore  coniifted  ;  and  now  having. ablblulely 
,ri»  nrgledled  it,  the  Town  of /);/«*(>:*  doth  ibcon- 
'■J  *  tinually  rob  and  fpoil  yourSubjeifVs,  thatwecan 
1^  *  afiiire  your  Majelty,  if  fome  prefent  and  eHeflual 
'•  '■•'*  Remedy  be  not  forthwith  provided,  the  whoie 
■■'  Trade  of  this  Kingdom,  theShipping,  Mariners, 
."  *  andallbelongingtbereunto.wili  beuttetlyioftand 

*  confumed.  The  principal  Caufe  of  which  Evils 
'  and  Dangers  we  conceive  to  be  the  excefllve  Power 

*  of  the  Duke  of  Buckingham,  and  theAbufe  of 

*  that  Power:  And  we  humbly  llibmit  unto  your 

*  Majeily's  excellent  Wifdom,  whetljer  it  be  fafe 
i*fcir  yourfelf,  or  your  Kingdoms,  that,  fo  great 

*  Power  as  rethin  him  by  Sea  and  Land,  (houidbe 

*  in  ihe  Hands  of  any  one  Subjeft  whatfocver. 
•■' '  *  And  as  it  is  not  I'afe,  fo  fure  we  are,  ir  cannot 
•  ■'  be  fM  your  Service;  it  being  iiiipol]iblc  for  one 

■  '  Man  to  manage  fo  many  and  weighty  Affairs  of 

*  the  Kinadom  as  he  hath  undertaken,  btfidcs  the 
'  *  ordiii.iry  Duties  ot  thofe  Offices  which  he  holds ; 

»  fome  of  which,  well  perloimcd,  would  require 
'  ■♦  ttieTiwandIpd,vllry  of  the  ablcft  Men  hoili  in 
••■■Jit-.  '  Cowie 


>» 


.;  <}f  .  B  N  <x,vL.\A  N  JX   ■■  H ' 


«:  ^  ^ 'Counibl  and  ASaoih  that,  YQur  whole  KJAgfiom  An.  4*  chariei  f. 
t«  *iU-affi}r<i>  efpecially:ia  OwfeXunes  Of  4:pmmon      '^**' 

'•'  t^  MB  oufjhttitoUe  Dcfire  IS  further,  Th^tyour 
:  ^^  tnoft  fixQslIenc  MajcAy  will  be  pl^fed.to.  take 
:  -^^  into,  your  moft  Princely  Confidcrationi  Wbethcrt 

*  :in'Terp65l  die  faid  DuJi^  bath  fo  abufed  hb  Po w^r, 
'  •  ^  te  b6'6fe  for  your  Majefty  and  your  jKingdom,  to 

^  continue  him  either  in  hiagreat  OfSceSi  or  in  his 
' '  /  PlWe  of  Neamcfi  and  Counfel  about  your  Sacred 
>'.♦  Pcrfon. 

'  >  And  thus»  in  all  Humility,>  aimii^  at  nothing 

.  *  but  the  Honour  of  Almighty  God,  and  the  Main- 

*  tenance  of  his  true  Rieligion,  the  Safety  and  Hap- 
V-  *  pioefs  of  your  mod  Excellent  Majefty,  and  the 
^    *  Preferv^tion  and  Prbfptrity  of  this  Church  and 

,/  Common- Wealth,  we  have  endeavoured,  with 

'^  Taithful  Hearts  and  Intentions,  and  in  difchargc 

.  .>.jof  the  Duty  we  owe  to  your  Majefty  and  our 

-^  Country,  to  give  your  Majefty  a  true  Reprefen- 

.  -•..  tation  of  our  prefent  Danger  and  preffing  Cala-^ 

*  mitiea ;  which  we  humbly  befeech  your  Majefty* 
.* .  eracioufly,   to  accept,  and  to  take  the  fame  to 

-/<*- Heart;  accounting  the  Safety  and  Profperiiy  of 

^  Tour  People,  your  greateft  Happinefs,  and  their 

*:Ldvc,  youy  rjcheft  Treafurf.    A  rueful  and  la- 

^ '  meltable  Spectacle,  we  confeft^  it  muft  needs  be, 

^.  to  behold  thofeRuins  in  fo  fair  an  Houfe  y  fo  ma« 

V  «  nyDifcafes,  and  almoft  every  one  of  them  deadly, 

^.   f  infa  ftrorig  and  well-tempered  a  Body  as  this 

..  ^  Kingdom  lately  was :  But  yet  we  will  not  doubt, 

.   .  *'but  that  God  hath  referved  this  Honour  for  your 

' .  '^.  Majefty,  to  reftore  the  Safety  and  Happinefs 

''  *5.. thereof,  ;aaa  Work  worthy  fo  excellent  a  Prince  i 

*  forwfaofe  long  Life  and  true  Felicity  .we  daily 

*  pray,  and  that  your  Fame  and  never-dying  Glo- 

*  ry  may  be  continued  to  all  fuccecding  Gencra- 
'  tions.* 

Then  a  MelTage  was  fent  to. his  Majefty,  defi- 

•i    ring  Acccfs  tohisPerfoii  with  this  Remonftrance, 

and  the  Speaker  was  appointed  to  deliver  it ;  who 

>        '  much 


^^  131    The  Parliamentary  History 

AB.4.cii»rleil.much  delired  to  be  cxcufed,  but  the  Houfe  wouM 

161S.        not  give  way  thereunto.     Soon  afier  the  King  Tends 

a  Mcflage  b/  Sir  Uumpbey  May,  Tiul  he  means  to 

■ end  this  SelTion  on  the  i6ch  of  June :  Whereupon 

^^^H  the  Commons  refolved  to  proceed   immediately 

^^^1  "withthe  liiU  of  Tunnagc  and  Poundage. 

^^H  Thefe  Affairs  being  tranfaded  in  the  Houfe  of 

^^H  Commons,  we  now  return  back  to  the  Lords : 

^^^1  On  the  fame  Day,  with  the  Date  above  men- 

^^H  tioned,  {June  16.J  the  Duke  of  Buckingham  figni- 

^^H  fied  to  that  Houfe,  That  he  was  informed  a  Mem- 

^^^1,  bcr  of  the  Houfe  of  Commons  had  afiirmed  his 

B    '  Grace  did  fpeak  thefe  Words  at  his  own  Table,  viz. 

Tujh,  it  makes  no  Matter  what  the  Commons  or  Par- 

liamtni  doth ;  far,  vjitbeut  my  Leave  and  Authsrltyt 

.      p    thiy  Jhatl  not  be  able  to  tmcb  the  Hair  ef  a  Dog. 

Bucitingham      T'he  Duke  deSred  Leave  of  the  Lords,  That  he 

fompbim  of  in  might  make  his  Protcftation  in  the  Houfe  of  Com- 

'^'^''him"""*"'"™™^  concerning  that  Speech;  and  to  move  that 

he  who  fpoke  it  of  him  might  be  commanded  to 

juftify  it,  and  his  Grace  heard  to  clear  himfelf. 

The  Lords,  confideringof  this  Complaint,  or- 
dered, '  That  the  Duke  fliould  be  left  to  himfelf, 
to  do  therein  as  he  thought  proper.'  His  Grace 
gave  them  Thanks  ;■  and  protefted,  upon  his  Ho- 
nour, That  he  never  had  thefe  Words  fo  much  as 
in  his  Thoughts:  Which  Proieftation  the  Lords 
ordered  to  be  entered  in  their  Journal,  that  the 
Duke  might  make  ufe  of  them  as  need  fhould  be. 

I In  the  Afternoon,    the   Committee  of  Lords, 

^^H  appointed  to  confider  of  the  Commiflion  of  Excife, 

^^B  brought  in   3  Draught   of  a  MelTage  to  be  fenC 

^H^  to  the  King  about  vacating  it;   which  was  read 

^™'  as  follows : 

May  it  pleafe  your  Mojl  Excellent  Maje/lj,        "^H 

The  Larii  dtfire '    TT7"Hereas  there  was  tranfmittcd  unio  l»^^ 

«rt^'co"1ffll'      '  »      ^'°"^  ^^^  Houfe  of  Commons,  a  certain 

^ofjxdfel"   "'  P'ltEnt,  under  the  Great  Seal,  hearing  Date  the 

*  lad  of  February,  auihorizing  thirty-three  of  your 

'  M-ijcfty's  CounftllorSj  to  cOnlultand  advilc  your 

'  Majerty 


Of   ENGLAND.     ^^^ 

^  Majefty  of  foroe  Way^  to  raife  Money,  by  Im- An.4.Charie«r. 
«  pofition,  or  oiherwife.    And  altho*  we  have  re-       '^*'' 

*  ceivcd  Satisfadion,  from  fome  of  your  Majefty*s 
^  Council,  that  this  was  no  more  than  a  Com- 
^  miffion,  or  Warrant,  to  advife  only  ;  yet,  to  free 
^  your  Subjefls  of  all  Jealoulies,  and  becaufe  this 

*  way  of  requiring  Advice,  under  the  Great  Seal» 

*  does  feem  unufual,  we  do  humbly  befeech  your 

*  Majefty  to  cancel  the  faid  Commiffion ;  and,  if 
^  it  be  enrolled,  to  vacate  the  fame  alfo,  with  th^ 

*  Warrant ;  and  to  give  the. Lord  Keeper  Orden 

*  to  effed  this  with  all  convenient  Speed.* 

The  fame  Committee  delivered  in  another  Mef* 
fage,  drawn  by  them,  to  the  King,  dgainft  Dr. 
Manwaring's  Books ;  deiiring  his  Majefty  to  put 
out  his  Proclamation  to  call  in  the  faid  Booksi  Aod  to  iifae  • 
that  they  might  be  all  burnt  in  London  and  Weji^  ^Tnft^^' ManI 
minfier^  and  at  both  the  Univerfities.     Alfo  to  in-  Saring'a  BookT* 
hibit  the  reprinting  of  it  under  very  fevere  Penal* 
ties,  fcfr.     Both  thefe  Meflages  were  approved  of 
by  the  Lords,  and  ordered  to  be  delivered  to  his 
Majefty  by  the  Lord  Keeper,  in  the  Name  of  the 
whole  Houfe.    . 

^une  17.  ThcCommonshad  now  fentuptheirBilJ 
of  Subfjdies  tothe  Lords,  who  had  read  it  t  A^ice;  butThcLordsExcep- 
finding  fome  Exception,  for  naming  ibe  Commons,  ^'<»«^o  the  Form 
only,  in  the  Grant,  they  agreed  to  have  a  Confe^J^^^^*  ^"*^**3' 
rence  with  them  ^bout  it-     Accordingly  a  Meflagc 
was  fent  to  the  Lower  Houfe,  to  dcfire  a  Confe- 
rence on  certain  Matters,  tending  to  the  Preferva- 
tion  of  the  good  Correfpondency  between  both 
Houfes.     Anfivevid^  *  They  would  attend  pre- 
fenily/ 

It  was  then  agreed,  '  That  the  Lord  Keeper 
fliould  fignify  to  the  Commons,  at  this  Conference, 
the  great  Care  the  Lords  have  had,  all  this  Parlia- 
nlent,  to  continue  a  right  Underftanding  between 
both  Houfes  j  -  which  was  beft  done  when  no- 
thing is  intrenched  upon  by  cither  Houfe.    To  (hew 

them 


I  £34    T/jeTarliamehtyry  KisTOKX 

»Aft.*?liMieii.thcm,  that,  in  the  Front  of.  the  Bill  of  Subji£tCt 
-  tfizt.  which  iheyUlely  Cent  up,  only  the  CommoDs  arc 
named ;  whereas  in  many  Prreedenia,  even  in  ihc 
laft  Parliamcnl,  it  is,  IVeyoiir  Majtjiy's  mefl  humble 
end  ityal  Subjeiist  in  yeur  High  Court  of  Porlia~ 
tnentt  Sec.  neither  naming  the  Lords  nor  yet  the 

f-    ■  Commons.     That  the  Lords  conceive  this  might 

I  happen,  rather  by  /bme  Slip,  than  done  of  let  Pur- 

polc.  To  move  them,  that  ihe  Word  Csmrnem 
may  be  ftiuck  out ;  for  as  the  Commons  give  their 
Suifid'es  for  themfelves,  and  for  the  reprcfcniative 
Bodyof  the  Kingdom,  foi  likewife,  the  Lords  have 
-  the  Difpolition  of  rheir  own.' 
This  being  delivered  to  the  Commonj,  at  ihe 
Conference,  their  Committee  faid,  '  They  muft 
make  known  this  Propofition  of  the  Lords  to  their 
vhole  Houfe ;  and  hoped  fpeedily  f o  return  to  give 
them  an  Anfwer.'  But,  on  iheir  coming  back, 
ihcy  only  faid,  '  That  there  was  nothing  more  de- 
fired  than  the  good  Correfpondercy  between  ihe 
Lords  and  them  j  which  they  efteemed  an  canhly 
Paradife:  That  ihey  had  taken  ilieir  Lordfhip'j 
Propofition,  for  altering  the  Bill,  into  Confidcra- 
tion,  and  they  find  it  a  Matter  of  more  Moment 
than  to  be  fuddenly  rtfolved  on :  But  the  next 
Morning  they  would  confider  feriher  of  it,  and 
icturn  an  Anfwer  with  al!  covenien:  Speed.' 

June  i8.  A  Me/Tage  was  brought  by  SirE/hvard 
Cfie,  and  others,  '  That  the  Commons  had  con- 
lidered  of  their  Lordfhips  Propofa],  about  the  Sub' 
fidy  hill',  and  as  they  had  always  endeavoured  to 
keep  up  a  good  Correfpondercy  between  the  tivo. 
Houfes;  knowing  well  that  it  is  the  very  Heart- 
String  of  the  Common-Wealth;  fo  they  fhould 
be  ever  as  zealous  of  their  Lordfliips  Privileges  as  of 
their  own  Rights,' 

This  ambiguous  Anfwer  was  all  the  Cominons 

ftnt ;  but  yet  the  Lords  were  conleni  wiih  it,  and 

exprefled  great  Joy  and  Comfort,  as  it  is  tertiicd  in 

rhc  Mel]iige.     There  was  alio  another  Conference 

heW 


Y30©/  -E  N  G,X  AND.      235 

.  held  the  fame  Day,  concerning  a  pioper  Title  tobeAn.4. 
given  to  their  Pelitim  of  Right,  and  the  enrolling  1 
and  printing  of  the  fame. 

This  Day  the  Lord  Keeper  reported  the  IGng's 
Anfwer  to  ibe  two  Mellages  he  was  ordered  to  de- 
liver to  him,  concerning  the  cancelling  the  Com- 
iniiEon  of  Excife,  and  about  Dr.  Manwanng's 
Book,  *  That  their  Lord[hips  had  Reafon  to  he  fa- 
tisfied  with  what  was  truly  and  rightly  told  them 
by  the  Lords  of  the  Council,  That  this  Commif- 
fion  was  no  more  than  a  Warrant  of  Advice,  which 
his  Majefty  knew  would  be  agreeable  to  that  Time, 
and  to  the  manifold  Occafions  then  in  hand  :  But 
now,  having  a  Supply  from  the  Love  of  bis  People, 
he  erteems  that  Commiflion  ufeiels ;  and  therefore, 
iho'  he  knows  no  Caufe  why  any  Jealoufies  iliould 
have  tifen  thereby,  yet,  at  their  Defires,  he  is  con- 
tent that  it  be  cancelled  ;  and  hath  commanded  to 
bring  both  the  CommiHion  and  Warrant  to  bim, 
lu  be  cancelled  in  his  Prefence.' 

As  to  Dr.  Mamuaring,  his  Majefty  faid,  *  That 
he  was  well  pleafed  with  their  Rcqueft,  and  would 
order  the  Attorney  General  to  prepare  a  Proclama- 

■  lion  accordingly.' 

Juni  19.  The  Lord  Piefident  of  the  Council 
acquainted  the  Lords,  '  That  his  Majefty  had  caufed 
the  CommiiTion  fo  much  complained  of  by  the 
Commons,  wiUi  the  Warrant  for  putting  the  Seal 
to  the  fame,  to  be  cancelled  in  his  Prefence.'  His 
Lordfhipopenlv  fhewed  them  fo  cancelled  to  the 
Houfe  i  on  which  a  Mefl^ige  was  hni  to  the  Com- 
mons, along  with  thole  Inftruni^iits ;  but  with 
Orders  to  bring  them  back  again,  when  Qiewtita 
4hat  Houfe. 

Jung  20,  TheTitle  to  tl  .e  Patitisitwas  agreed  on  by 

the  Lords  and  Comni'  iis,.Rnd  approved  by  the  King: 

It  run  in  ihefc  Wniiis,  T/)e  Petiiioii  exhiihed  ta 

his  Majefty,  by  tht  Lords  Spiritual  and  Temporal, 

-  and  CommoTiE    in  ibii  prefins  Parlinment  affsmbled^ 

i.iamrmn^  diven  Rights  and  Liberiiei  ofibi  igbjei^  j 

with 


I 


2^6   The TaHiamentary  History 

'Ak4.charleii.u;//A/*^  King's  Hioft  Royal  Anfwcr  thereunto^  in 
i6i».      full  Parliament.    Agreed,  alfo,  '  That  the  King's 
Anfwer,  in  Frenc%  (hould  .be  printed  in  EngVJh^ 
for  the  better  Satisfadlion  of  the  Vulgar/ 

Then  Dr.  Manwaring  was  brought  to  the  Bar, 
in  order  to  read  and  fubfcrlbe  the  following  Sub- 
miflion,  which  a  Committee  of  Lords  had  drawn 
up  for  that  Purpofe. 

May  it  pleafe  this  Honourable  Houfe, 

Dr.Manwaring's  t  Do  herCy  in  all  Sorrow  of  Hearty  and  true  Repen- 
Sttbmiffion.  X  tance^  acknowledge  the  many  Errors  and  Indif 
cretions  which  I  have  committed^  in  preaching  and 
publijhing  ibofe  two  Sermons  of  mine,  which  I  called 
Religion  and  Allegiance ;  and  my  great  Fault  infaU 
ling  upon  this  Theme  again^  and  handling  the  fame 
rajbly  and  unadvifedly^  in  my  own  Parijh  Church  of 
St.  Giles  in  the  Fields,  the  fourth  oftAzy  lafl  pajt. 
I  do  fully  acknowledge  thofe  three  Sermons  of  mine^ 
to  have  been  full  of  many  dangerous  Pajfages^  Infer  - 
ences^  and  Jcandalous  Afperfioni  in  mofl  Parts  of  the 
fame-.  And  I  do  humbly  acknowledge  thejufiice  of 
this  Honourable  Houfe,  in  that  Judgment  and  Sen- 
tence pajfed  upon  me  for  my  great  Offence :  And  I  do^ 
.from  the  Bottiim  of  my  Hearty  crave  Pardon  of  God^ 
the  King,  and  this  Honourable  Houfe ;  the  Church, 
and  this  Commonwealth  in  general -,  and  thofe  zvor- 
thy  Perfons  adjudged  to  be  reflected  upon  by  me,  in 
particular  J  for  thefe  great  Errors  and  Offences. 

ROGER  MANWARING. 

After  this,  the  Doftor  was  led  into  the  Houfe  of 

Commons  by  the  Warden  of  the  Fleet  Prifon, 

where  he  made  the  fame  Submiflion,  on  his  Knees, 

at  their  Bar. 

..  '       .  TJie  Commons  had  now  refumed  their  Debate 

^^tomiiisTon  th*on  the  Bin  forTunnage  and  Poundage ;  in  which  Mr 

Bill  for  TaniaitSeJden^s  Arguments,  chiefly,  turned  on  thefe  Points : 

and  Poundage.        «  That  whereas   the  King's  Counfel  objeded, 

that  I.  Elizabeth  faith.  It  was  granted  Time  out  of 

Mind  to  the  King ;  he  fear'd  his  M^jefty  is  told  fo, 

and  fome  Body  doth  afcertain  him  lb :  But  we  may 

clear 


Of   ENGL  AND.     ^^y 

clear  that  5  for  not  only  i.  Bli%.  but  alfo  in  the  Sta-  An.  4.  cftari 
tute  of  I.  Jac,  the  Words  Ttme  out  of  Mind  is,  *^*** 
That  ^vhereas  King //i?«0'  VII.  and  other  his  Ma- 
jetty's  Progenitors,  have  had  fome  Subfidy  for  the 
guarding  of  the  Seas ;  and  there  was  never  a  Kin^ 
but  had  fome  Subftdy^  in  that  Senfe,  it  is,  mdeed, 
7ime  out  of  Mind ;  yet  is  it  a  Matter  of  fre^  Gift : 
For  public  Bills,  the  King  faith,  Le  Roy  k  veult ;  for 
Petitions  of  Rights  Soit  Droit  fait  commeile/i  defire. 
*  For  the  Bill  of  Subfidies,  it  is  thus.  The  King 
heartily  thanketh  the  Subje^s  Jor  tbeir  good  Wills  ; 
In  all  the  Bills  of  Tunnage  and  Poundage  is  the  ve-* 
ry  fame  Anfwer,  fave  one,  which  was  i.  Elizi 
and  but  for, that  only  Miftake  of  the  Clerk,  it  hath 
ever  the  feme  Aflent  as  the  Bill  of  Subfidy/ 

Upon  this  Debate  it  was  ordered,  *  That  a  Com- 
mittee be  appointed  to  draw  up  a  Remonftrance  to" 
his  Majefty  of  the.  People's  Rights,  and  of  the  un- 
due taking  of  Tunnage  and  Poundage,  and  Im- 
pofitions,  without  Adl  of  Parliament;  andtofliew 
the  Reafons,  why  the  Houfe  cannot,  in  fo  fliort 
a  Time,  prepare  that  Bill.' 

The  Remonftrance  was  as  followeth. 

Moft  gracious  Sovereign^ 

YO  U  R  Majefty's   moft  loyal  and  dutiful  Thdr  Remon 
Subjcih,  the  Commons  in   this  prcfentftrancetothc 
Parliament  affembled,   being  in  nothing  more^*"8  **"  ^^"' 
careful,  than  of  the  Honour  and  Profperity  of     -^^^ 
your  Majefty,  and  the  Kingdom  j  which  ihey 
know  do  much  depend  upon  that  happy  Union 
"  and  Relation  betwixt  your  Majefty  and  your  Peo- 
ple ;  do  with  much  Sorrow,  apprehend,  that  fby 
Rcafonof  the  Uncertainty  of  their  Continuance 
together,  the  unexpefted  Interruptions  which  have 
been  caft  upon  them,  and  the  Shorlnefs  of  Time 
in  which  your  Majefty  hath  determined  to  end 
thisSeffion)  they  cannot  bring  to  Maturity  and 
Perfection,  divers  Bufinefles  of  VVeij^ht,  which 
they  have  taken  into  rheirCchfideration  aocfRcfoli:- 

*  ilor,. 


I 


238    The  I'arliamehtary^i  4  t  6  r  y 

I.'  tioDt  as  moil  important  for  the  common  Good  : ' 

'  Amongft  other  Things,  ihcy  have  taken  into  «- 
'  fpecial  Care  the  Pieparing  of  a  Bill,  for  the 
'  granting  of  your  Majcfty  fuch  a  Suhfidy  of 
'  Tunnage  and  Poundage,  as  might  uphold  your ' 
'  Profit  and  Revenue  in  as  ample  a  Manner,  as 

*  their  juftCare  and  Refpedl  of  Trade  {wherein' 

*  nor  only  the  Profperiiy,  but  even  ihe  Life  of 

*  the  Kingdom  do  confilt)  would  pctmir :  But  be- 

'  ing  a  Work  which  will  require  much  Time  and  ' 

*  Preparation,  by  Conference  with  your  Majefty's 

*  Officers,  and  with  the  Merch2nts,  not  only  of 

*  L9ndm,   but  of  other  remote  Pa.r[s ;  they  find  ir  ■ 

*  notpoliible  to  be  accompliflied  at  this  Time:' 

*  Wherefore,  confidering  it  will   be  much  more  ■ 

*  prejudicial  to  the  Right  of  theSubJedi,  if  your 

*  Majcfty   ftiould  continue  to  receive  the  fame, 

*  without  Authority  of  Law,  after  the  DetcrmI- ' 

*  nacion  of  a  SeiRon,  than  if  there  had  been  a  R^-  ■ 
'  cefs  by  Adjournment  only  ;  in  which  Cafe,  that  ■ 

*  inrended  Grant  wouU  have  related  to  the  fitft  ■ 

*  Day  of  the  Parlianienc :  And  alluring  ihemfelvcs,  ' 

*  that   your  Majcfty  iii  refolved  to  obferve  your 

*  Royal  Anfwer,  which  you  have  lately  made  to 

*  the  Pitiiwi  if  Right  of  both  Houfes  of  ParliS- 

*  ment ;  yet  doubting  left  your  Majcfty  may  be 

*  mifinformed  concerning  this   particular  Cafe,  as 

*  if  you  might  continue  to  take  thofe  Subfidics  of 
'  Tonnage  and  Poundage,  and  other  Impofilions 

*  upbn  Merchants,  without  breaking  that  Anfwer} 

*  they  arc  forced,  by  that  Duty  which  they  owe 

*  to  your  Maieliy,  and  to  thofe  whom  they  re- 

'  prefeni,  to  declare.  That  thirt  eughi  mt  any  Im-  ' 

*  pe/ilioa  to  be  kid  upsn  the  Geodi  af  Merchants,  en-  ' 
'  pa-ted  er  imparled,  iviihout  lammon  Conftnt  6f  ' 

*  Aff  ef  Parliamtnt ;  ivhicb  is  the  Right  and  /»-  * 

*  biritance  sf  your  Subjeiis,  fasinitd  nat  ottfy   tipan  * 

*  the  Hiejl  cfitkat  end  Brigir.el  Ccnjliintiotis  af  this 

'  Kingdom,  but  often  ^nfrmed  and  deekrtd  in  di~  ' 

*  vers  Statute  Laws. 

'  And  for  the  better  Manifeftation  thereof  may  ' 

*  it  pleafe  your  Majcfty  to  underftainl,  That  ai- 

*  ihoi.i^ 


c, 


tfiou^  your  Roytal  Predecefibrs,  tiie;Kings  ofAji.4.'«i>trinl« 
tshb  Realm,  -hai^e ;  t}f ten  had  sfucb'  &ibfidies  and       i^«i^ ' 
impofitignflrgrtnted  tuita|hcfti»  upon.divec$  Oc- 
cafibtis,  efpechUy  fofthe  Gutrding.of  :^  fieas» 
an4  Safeguaid  oi.A&rcfaaats:  1^et:»d^  SobjeAs 
faave  beeh  ever  ciseful  to  ufe  fucb  Cautions  a&d 
Limltaticns  id  diofe  'Gratiti,r  as  migbt:  prevent 
any  Qaioi  to^be  made,  as  if  fticb  Subfidics  did 
proceed  from  Duty,  and  not  from ,  ibe  free  Gift 
of  tfaeStibjeCifti    And thatthty bav^betetofore 
ufedtb  limit  a  Time  m  fuch  Grants,  Tajod  for  the 
moft  Part  but  fhort,  as  for  a  Year  ok  two;  and 
if  itwere  continued  longer,  they  have,  feme  times 
dhefldd  a  certam.Space  of  CeiatiDii^  or  Inter- 
milEon^  that  fo  the  Right  of  the  Suli^eJl  might 
be  more  evident^    At  other  Tiroes  it  bath  been 
granted  upon  Qccaiion  of  War,  for  a  certain  *  ' 
Number  of  YeaH,  wifli  Prov^^  That  if  the 
War  was  ended  m  the  mean  Time,  then  the 
^Grant  (hould  ceafe  :  And  of  Courfe  it  hath  been 
fequeftred  into  the  Hands  of  fomc  SuiyeOs*  to  be 
employed  for  the  Guarding  of  the  Sea^Coafts. 
^  It  is  acknowledged  by  the  ordinary  Anfwers  of 
your  Majefty's  Predeccflbrs,  in  their  Afient  to  the 
Bills  of  Tonnage  and  Poundage,  that  it  is  c^ 
tbt    Nature    of    other   Subiidi^    proceeding 
from  iht!  Good-will  of  the  Subjeft :  Very  few 
of  your  Predeceilbrs  had  it  for  Life^  until!  the  • 
.Reign  of  Hmry  VII.  who  was  fo  far  from 
.conceiving  be  had  any  Right  thercMnco,  that^  al^ 
fthough  he  granted  Commiffions  for  collei^ing 
certain  Duties  and  Cuiloms  due  b^  Law,   yet 
hemade  no'Commiflions  for  receiving  the  Sub- 
sidy of  Tooiiage  and  Poundage,  untill  the  (zm^ 
was  granted  unto  him  in  Parliament*    Since  his 
Time,  all  the  Kings  and  Queens  of  this  Realm 
have  had  the  like  Grants  for  Life^  by  the  free 
Love  and  Good* will  of  the  Subje<5t.  And  when- 
(bever  the  People  have  been  grieved,  by  laying 
any  Impofitions  or  other  Charges  upon  their 
^oods.and  Merchandized,  without  Authority  of 


a4«  ^TIje^MtdKaha^y^i^r^ 

si.'  Law  (which  hsili  been  very  feMom)  j  yet,  uj^ 

*  onCompliini  in  Parliamcni,  thry  have  been 
'  forihwiih  reliaved.  v  feving  in  JJie  Time  of  your 

*  Roya!  Failier,  who  having,  through  ill  Counfel,- 

*  rai^d  ihc  Rates  andCharget  upo[)  Merchafidises 
'  tathit  Heigfu  at  which  they  now  arej  yet  he- 

*  was  pteafed  fo  far  for  to  yield  to  ihc  Complaint 
'  of.hii  People,  as  lo  ofler.  That  if  the  Value  of 
'  (hofe  Impofitions,  which  he  had  fet,  miglit  be 

*  made  good  unto  him,  he  would  bind  himfelf  _ 

*  and  his  Heirs,  by  AA  of  Parliament,' never  t»^ 

«  lay  any  other:  Which  Offer  the  Commo^^:■a^'•  ^m 
'  that  Time,  in  regard  of  the  great  Burden,  di4__   ^| 

*  notlbink  fit  to  yield  unto  C/).     NevWthelefs,' 

'  your  loyal  Commons  in  this  ParliRinent,  out  of-  -  ' 

*  iheir  efpecial  Zeal  lo  your  Service,  and  cipecul 
•"Regard  of  your  prefling  Occafions,  have  tsktn- 

*  tnto;thcir  Confuierajion,  fo  to  frame  a  Grant  of' 
'  Suhfidy  of  Tonnage  ana  Poundage  to  your  Ma-' 
'  j-^fty,   that   your  Majefty   might  be  ibe  better 

'  enabled  for  the  Defence  of  your  Realm  ;  and- 
'  your  Subjefls.  by  being  fecure  from  all  undue-     " 
'  Charges,  be  ihe  more  encour.iged  thearfully  (o''"^ 

*  proceed  Jn  their  Courfe  of  Trade  i  by  the  In--  ^ 
'  creafe  vthereof,  your  Majefty's  Profit,  and  like-'  "'* 
'  wife  the  Strength  of  the  Kiiigdoin,  would  be 

'  verv  much  augmented. 

'  But  not  being  now  able  to  accomplifh   this- 

*  their  Dciire,  there  is  no  Courfe  left  unto  them, 

'  without  manifeft  Breach  of  their  Duty,  both  la-. 

*  your  M.i)eHy  and  their  Country,  fave  only  id' 

'  malcethjs  humble  Declaration,  ^hal  the  rutiv-*^  \ 
'  "ig  ^f  TsKiage  end  Ptundagi,  and  athir  Impsfiti-*  ■ 
',  MI,    not  grouted  hy  Pariiament,  is  ^  BrMii  -^  **« 

*  the  Funiamtntal  Liitriies  of  this  Kiigdom^  arnl^'^ 
'  contrary  ta  your  Mujejiy'i  Ko-fiX  Anfwer  (»-«»■•"* 
'  iatf  Petition  of  Right:  And  iherefoie  lhe7*>-  'V 
'  moft  humbly  befeech  your  Majelty,  to  foibear"** 

*  any  further  xeceiving-of  tho  fame;  and  not  to      ' 

■ '  take 

(f)  FwihePifi^culiriQf  thItNegotiailon,  as  Itnuyinfom.  _  ^ 
Snrt  be  c»ir3,  bctwtrti  KIBg  Jamn  ^nd  the  Coiiinions  in  Pirki- 
mcnlj  lee  am  ^dt  Vul.  p<  3iio,  ii  fi^. 


<¥    E  N  G  I,  A  N  D.     J41 

*  take  it  in  ill  Part  from  thote  of  your  Majdly'sAii.4- 
'  lowing  Subjefls,  who  fiiall  refufe  10  make  Pay- 

*  jTKiil  of  any  fach  Charges,  without  WairaDt  cf 

*  Law  demanded. 
*  And  as  by  this  Forbearance,  your  mofi  Ex- 

'  cclicnt  Majefty  (hail  manifeft  unto  the  WorJd 

*  your  Royal  Jufticc,  in  the  Obfcrvation  of  your 

*  Laws;  fo  they  doubt  not,  but,  hereafter,  at  the 

*  Time  appointed  for  their  Coming  ic^elher  agaia^  . 

*  ihey  Qiail  have  Occafion  to  exprtls  their  gjeat 

*  Dejire  to  advance  your  Majefly's  Honour  arui 
'  Profit.' 

The  King  being  informed  of  thefe  Procecdingit 
thought  proper  to  put  a  Stop  to  ihem.     According- 
ly, {"Junt  26.)  the  Day  appoinced  for  the  Proroga- 
tion, the  Speaker  was  fent  for  to  Court  in  theWhtreupfn  ihe 
Morning;  foihat.  as ^ly&wjrf /; lays.  hecanienotJ^'"J^^j!^*^^^ 
into  the  Houfc  till  about  nine  o'Cloclt.     And,  ^^-^na.  Difgoa. 
ter  Prayers,  whi]ft  their  new  Rcmonftrar.ee,  con- 
cefBifip;  Tunnage  ana  Poundage,  being  cngrofled, 
W.1S  reading,  the  King  fent  for  ihe  Spcatei  and  [lie 
vhole  Houfe  to  attend  him  in  the  Houfe  of  Peerj. 
His  Majelly  had  come,    unexpectedly,    into  tial 
Houie,  (ioi  the  Afternoon  had  been  apiwinted)  ani 
neilher  the  King  nor  ihe  Lords  were  in  their  Robcsj  ■ 
However,  the  Commons,  wiih  ilieii  Speaker,  being  • 
come  up,  his  Majelly,    from   ihe  Throne,  iiia£" 
the  following  Speech  to  both  Houfcs. 

My  Iiords  and  Geailemen, 

/tm^fieta  (frange  that  lame  (q  fuddcnhi  ts  eni  ^ 
tbii  Sejian  ;  ihirtfare,  btfwt  I  givi  my  A£tnt  tjt  * 
thi  Bills,  i-MitluliyoutheCaufe;  the' J  miiji  aww,  . 
^bat  lifwt  tbt  AuauHt  sf  my  Aiiians  la  God  eiati.  1 
It  it  iniwn  teevery  oHt,  that  ,£  lubile  ago,  tbe  Heuji  1 
^Csmnuns  govt  me  a  Rtmmji''ance^  hew  acciptam  j, 
tViTf  Alan  nmyjudgt ;  and  fcr  the  Merit  tf  it,  d>^ 
will  net  caU  that  in  qtujUen,  Jar  I  am  Jun  no  wifif  -4 
Man  canjujiify  it. 

Isviu  Jtnei  I  am  Wdil  in/irmtd,  that  a  ficond  Rj- 
mmfirtiHte  isprtparin^fwmt,  to  lakeaviaytht  Prt- 

Vol.  Vlll.  il.  Jit 


An.4.cij»riciL//  of  viy  Tuntiagi  and  Poundage^  om  of  the  And 

1618.       Maintwanui  Qf  my  Crowns  by  alledging^  Ttat  ^ 

have  ^ven  away  my  Right  thereto  by  my  Anfwr 

to  your  Petition :  Tbis  is  Jo  prefudUial  uat$  me^  that 

I  am  forced  to  end  this. SeJJionfohie few  Hsurs  btfort  I 

meant ;  hting  net  wilSng  to  rtceme  any  mare  JUmtH 

JiraneeSy  to  which  I  misgive  a  bar/h  Anfiuir.  :.M&rf 

Jince  Ifecy  that  the  Hoiije  of  Commons  begin  alr^f^  ia 

make  falfe  Conftru^ions  of  what  J  granted  in  your 

Petition  ;  leji  it  be  worfe  interpreted  in  the  Country^ 

I  will  new  make  a  Declaration  concerning  the  true  A- 

tent  thereof. 

The  ProfelTion  of  both  Ihufes^  in  the  Timeofbam-K 
mtring  this  Petition,  was  no  Iff^ay  io  trench  uponiny. 
Prerogative  \  faying^  S  They  bad  nether  Initntiea  w 
Power  to  hurt  it :  Therefore  it  mufi  needs  be  eoncehed^ 
that  I  have  granted  no  new,  but  only  confirmed^fbe 
antient  Liberties  of  my  SubjeSis,  Tet  to  Jbew..  the 
Clear nefs  of  my  IntentionSy  that  I  neither  repent y  nor 
mean  to  recede  from  any  Thing  I  have  promifedyeUf  I 
,  do  here  declare  myfeJf^  That  tkofe  Things  which  han» 
been  donCy  whereby  many  have  hadfome  Caufe.  to  Juf^ 
peSi  the  Liberties  of  the  Subje^s  to  be  trenched  upeu^ 
{which  indeed  was  the  firji  and  true  Ground  of  tie 
Petition^  JI)allnot  hereafter  be  drawn  into  Exampk 
to  your  Prejudice ;  and^  in  Time  to  come,  on  thi 
Word  of  a  King^  ye  fball  not  have  the  like  Caufe  t9 
complain.  But  as  for  Tunnage  and  Poundag^y  it 
is  a  Vnng  I  cannot  want ;  and  was  never  intended 
by  you  to  fjk^  nor  meant  by  me^  lam  fur e^  to  grant. 

To  conclude :  I  command  you  all  that  are  here  to  take 
Notice  of  what  thavefpoken  at  this  Time,  to  be  t^a 
true  Intent  and  Meaning  of  what  I  granted  you  in 
your  Petition ;  butefpeciadyyou^  myLordSy  the  judges^ 
for  to  you  onfyy  under  mey  belongs  the  Interpretation 
of  the  Laws ;  for  none  of  the  Houfes  ofPariamenty  ei^ 
t  her  joint  cr  feparatCy  {wbat\iew  Do^rine  fcever  may 
be  raifed)  have  any  Power  either  to  make,  or  decIoTAf 
a  Law  without  my.  Confent. 

After  this  Speech  was  eoded,  which*  hy  his  Ma- 
\^f%  ipecjal  Cpm^pand,  wa^  urdca^d  10  be  entered 

ia 


Ifi thcf  Journdb of  th^ 0)mmbns,  the BiHoiFSi^^ An. 4. Charles i. 
Was  prefented  by  the  Spea)cer,  ftanding  at  the  Bar,        '^**- 
who  made  a  ftort  Speech,"  andjftiewed,  *  That  it 

*  was  the ^ateft" Gift  that  ever  was  giVeh  ili  fo 

*  fliort  i  Tfme.'  And  fo  trra vin'g  Pardon  %  th« 
Err6re'*oF  th^  Houre,  and  his  own  {g)y  he  defined 
the  King  to' give  his  R6yal  Aflent. 

Thenwert  read  the  Titles  of  other  Bills,  which 
were  all aflentcd  to,  as  follows:  .  *     - 

Thi  Petitjcn  exhibited  io  his  Majefly^  by  the  L^i^ds  ^^     -.^^  ^1^.^ 

Spmtual  and  7emporaIy  and  Commons  in  tih'prefent^t^xoTi. 
Parliament  ajfembled^  concerning  divers  Rights  and 

Privileges  of  the  Subje^^  with  the  Kin/s  AJJent  there- 
unto in  fall  Parliament.  :     ^  • 

'Art"  Aif  for  further  Reformation  of  fundry  Abufe^ 

tommitied  on  the  Lord's  Day^  called  Sunday.         .' 

'  Art 'A^  for  reprejftng  of  all  mlicefijed  Ak-HouftS. 

Art  Aif  to  rejlrain  the  fending  over  of  any  to  ie  po^ 
^ly  hreS  beyond  the  Seas. 
-  An  Aiffor  five  entire  Subftdies  granted  by  the  Cler^ 

^'A  Declaration  of  the  Commons  againft  Dr.  Man- 


warmg. 


;  An  Aafor  the  EJlabliJhing  of  Sutton'x  Hofpital 
And  to  fevcral  private  As^s. 
*^  After  which  the  Lord- Keeper,  by  the  King*s 
Command,  prorogued  this  Parliament  to  the' 20th 
of  O^obar  next. 


f  ■ 


The  nioft  remarkable  Occurrences,  which  hap- 
|)ehed'in  the  Interval  between  thefe  two  Seflionsof 
ftis  Parliament,  were.  That  the  King,  firft,  fct  Several  Procia, 
.  dboutanfwerlng  the  Defires  of  his  Subjefts.  in  fup- "'''''°'  '^"''*' 
preffi'ng,  by  Proclamation,  all  Dr.  Manwar'trff% 
Sermons.  By  another  Proclamation,  Direilions 
were 'given  to  Commiflioners  to  compound  with 
Popijh  Recufants  for  two  Parts  in  three  of  their  E- 
ftates;  but  thefe,  Rufljworth  infinuales,  came  off 
upon  very  eafy  Terms.  Another  Proc1am,^tion, 
on  the  back  of  the  laft,  commanded.  That  all 
Priefts,  Jefuits,  and  others,  who  had  taken  Orders; 

v^2      .  by 

Or)  ^''-  ^vjlyiv^rtb  addSj  IVbicb  kt  knew  to  bt  veej  wiaxy., 


30  7lff'P^r^amentary'hh&ri^%r 

A0.4.  ia»,kt).by  AttAorhy  o(  the  See  of  JJcm«,  {hould  be  diligunt^ 
»«>».       foi^ht  lor,   apprehended,  and  commiHed  to  the 
Goal  of  that  County  where  they  (hould  be  foun4. 
bf(.    On  Ibis  fome  Jefaiis  were  lalcea  io  Lsndsn 


}r\ 


La  W)  put  into  Newgate ;  but,  though  the  AttorneV- 

'"^  General  was  ordered  to  proceed  againft  Ih^nii  only 

ttae,  our  Author  fays,  was  convicted ;  which,  hf- 

'.faia  wasquellioned  in  the  euluing  ScQion  of  E^Im- 

:*nent.  ,  '"  ^ 

About  this  Time  Sir  Richard  IVefton,  Chanc'el- 
Prffermfoti  lodloTof  theExcbeqacT^was made 3  Pccf  of  ihcRealm, 
Pi'douj.  and  l-ord  High  Treafurcr  of  Enghnd:  Dr.  Laud 

was  trsnilaled  fiom  St.  Diitfld'%  to  the  Bifhopricfc 
cf  Lindm :  And  Sir  Thimas  Wtvtworth  created  Ba- 
ron It'eatwarth  QiTt'entwmh  Wiitdhmfe i  all  three 
Perfons  greatly  concerned  in  the  Sequel  of  ihefe  En- 
quiries. —Dr.  Montagu  and  Dr.  Maniuamg,  both  of 
whom  had  been  cenlUred  by  Parliament,  were  par- 
doned by  the  King:  The  former  wasalfoprefarred 
to  the  Bithoprick  of  ChUhe/Itr ;  and  the  latter  pre- 
ftntfd  to  the  Rectory  of  Siapford  Rmn  in  E£nt^ 
and  had  a  Difpetiration  fo  hold  it  with  his  Rectory 
,-;0f  Si.  GiUi'i  in  the  Fields. 

It  was  about  this  Time,  ah'o,  ihjt  another  Ex- 
pedition was  defigned  to  relieve  RechiSe,  then  fttait- 
The  UiTirt  ofly  befieged  by  the  French;   and  a  Fleet  being  pre- 
"■"  ^"'"  "'^     pared  for  that  Purpofe  to  go  under  the  Conduct  of 
'     the   Duke  of  Buckingham,   that  Nobleman   was 
.flabb'd,  fuddenly,  to  the  Heart  by  a  determined  en- 
.,.  thufiaftical  Villain,  Hift  as  he  was  about  to  thip  off 
;(j»  ihe  Enterprise.  The  Circumftances  of  this  Mur- 
1;  det  are  too  well  known  to  need  any  Repetition 
,.|iej-e;  The  Aiflor  of  it  is  averr'dto  fay  (A),  That 
;4J  was  the  Parliament's  late  Remonftrance  againft 
J 1^  poke,  that  made  him  TeTuive  to  take  him  off). as 
•■  .public  Enemy  ofhis  Country — —  Happy  wfllild 
•juitpilg  fc«c5/or.t(!eJ^iiou,  if^iJii;lV|j,nifter's Blood 
V-M-.i*i?"*^  ror^.^^ildtciMni^  (65  ^iffereftcei  then 
•rfterwEeh  Prince  and  PfepEJc.  ■     ■■■■--■     ■■    .-" 
'  -  This 


BuFkin^hiin 


1 


*„ ,'^ij  lad  Expedition  to  Rrtri*^/f,  afier'theDtAe'SAn.4  chirtel. 

"Jieaib,  wasput  under  the Cstc  of  iht'Ear]  o( Had-        ifirf. 

'jiy-,  fcutended  as  unfbrtunateljr  as  the  former:  So 

'mat  Pratf/laril  Town,  after  it  had  held  out  to  the 
laft  Extremity,  was  obliged  to  furrender  to  'hc^^^j^^JJ™^""^ 
FrtJiih  King,  and  to  the  Catholic  Power.  Lnvis  k  e  e. 
XIII.  entered  it  the  i8ih  of  O^ci^r  this  Year ; 
aUdi'on  their  humble  Submiflion,  fliewed  Mercy 
to  all  the  Inhabitants  that  were  left  alive;  for  not 
iboye  4pao  fenuiiied  afabout  2z,ooo  Souls. 

-.''''The  rftDayof  Oi^oifraPioclamatioiicaroeOut— J  PariiuB 
■ife  prort^e  the  Parliament,  from  the  loth  of  thatn       " '    " 

Month,  to  the  2otb  Day  of  'January  following. 

And  nothing  elfe  intervening,  h i (lor ical  enough  for 

our  Purpofc,  we  fhall  pals  on  to  that  Period. 

The  ffrft:  Thing  the  Commons  did,  after  thdt 
.  Meeting,  "January  the  2cth,  was  lo  order  a  Revi- 
"  valof  all  Committees,  on  public  Affairs;  as,  for 
"^.fivileges,  Religion,  Courts  of  Juflicc,  Grievances, 
'  and  for  Trade.  A  Call  of  the  Houfe  was,  like- 
'Wife,  ordered,  on  the  27th. 

They  next  proceeded  to  take  into  Confidcration 
wh^tThings  the  Liberty  of  the  Subjefl  had  been  in- 
'■varfedin,  againft  their  Prtifw/i  of  Right,  iince  the 
'  '£bd  of  the  laft  SeDion  of  Parliament. 

,"  .■It;was  further  ordered,  ihat  Day,  That  Mr.  5«.'- The  Commom 
iif/i,"and  others,  fhould  fee,  if  thePrt/Vw/i  ef  B.ight\Ti<\a\<i  HnimB 
"and  his  Majefty's  yf///Mf(r  thereunto,  were  inroU'd ';','''■  ''="'■■" 
jltiW  Pariiament  Rolls  and  Courts  at  Wtfiminjhrf^^'^^- 
"' a^tis  Majefty  fent  them  Word,  the  laft  SelEon,  they 
,_iljt}uid  t>e (J) ;  and  alfo  in  what  Manner  ihey  were 
,.ctiiertd:  Which  wasdoneaccordingly.    And,  foon 
.."af'eri' Mr,  Sf/rff«  reported  to  the  Honfe,  '  That  hii 
'  'Jl^flj&fty'sSpeecIi,  made  the  laft  Day  of  the  laft  Sef- 
^  fitfrtiiitheUppcrHoufe,  was  entered,  along  with  ilie 
;  /ft^iian'and  linfwery  by  his  Majefty's  Command.' 
i.'Mr.   Pyiji  moved,   'That  the    Debate  hereof 
'illoUld  be  deferfd  till  ^uefiay  next,  by  rearon  of 
0.3 

('V  Set  iheMtfnigcfiKdMt  Pur[iolc  p.  jq;. 


ri 


B^ 


J 


%4^    TUTdrlkmintary^iSsr oxr 

Aa,  4.  Charles  I,  the  Fcwnefs  of  the  Houib»  many  being  nat:lfae9 
'Mr       oome  up.'  '  v.t.  ^ 

I .  £ir  y^n  ElHot.  <  Since  this  Matter  is  now  tai* , 
fed,  it  concerns  the  Honour  of  the  Houfey.  and  tbfe 
Liberties  of  the  Kingdom:  It  is  true,  it  defenrjeffito 
be  deferr'd  till « fuller  Houfe ;  but  it  iagood  tp  prot 
pare  Things,  for  I  find  .tbis.to  be  a  Foint.of  gp«tt 
Confcquence.  I  defire  therefore  that  a  feleft  Ccim- 
fnittee  may  both  enter  into  Coniideration  of  tbie^ 
and  alto  how  other  Liberties  of  tbi&Kingdpm^are 
invaded. 

'  I  find,  in  the  Country,  the  Petition  of  Bi^ht 
printed  indeed,  but  wiihan  Anfwer  that  never  gave 
any  Satisfaction.  1  defire  a  Committee  may  con-* 
fider  thereof,  and  prefent  it  to  the  Houfe ;  .and  that 
the  Printer  may  be  fcnt  for  to  be  examined. about 
it,  and  to  declare  by  what  Warrant  it  was  print- 
ed :*  which  was  fo  ordered. 

Mr.  Selden.  *  For  this  Petition  of  Rights  it. is 
known  how  lately  it  hath  been  violated  fiiKe  our 
laft  Meeting.  Our  Liberties  for  Life,  Perfon,  amd 
Freehold,  how  have  they  been  invaded  ?  Have  not 
lome  been  committed  contrary  to  that  Pejtiticn  ? 
Now  we  know  this  Invafion,  we  muft  take  No'^' 
lice  of  ir.  For  Liberties  in  Eltaie,  we  know  of  an 
Order  made  in  the  Exchequer,  That  a  Sheriff  wat 
commanded  not  to  execute  a  Replevin  :  And  Men's 
Goods  are  taken  aWay,  and  mull  not  be  reftor'd; 
And  alfo,  no  Man  ought  to  lofe  Life  or  Limb,  but 
by  the.Law  ;  and  hath  not  one  lately  loft  his  Ears? 
(Meaning  he  that  was  cenfured  in  ihcStar-Cham-^ 
ber  by  an  arbitrary  Judgment;  and  Sentence  (i7-3 
Next  they  will  take  away  our  Arms,  and  then  out 
Legs,  and  I'o  our:Livcs.  Let  all  fee  we  are  idnJi*. 
bit  of  this ;  Cuftoms  creep  on  us :  Let  us.  make  a 
j.u^t,.Repreleatation  rhcreof  to  his  Majefty.'" 

i'he  King's  Printer  being  fenl  for,  to  know 
by.: wlttt, Authority  he  fuppreiled  the  fvft  Edition 
hi  \\\f^.Bftitiofi/jf  Rights  and  printed  an^fber  wlih 
-dii  4iiuitiD?u  He  anUveied,  '  He  was  lure  he  had  a 
...  Warrant 

;/^  Our  Manufcript -Account  of  this  P»riianient  fsys,  Saw^e,- 


•f 


Of   E  N  GL  A  Nftr    447 

Warrant  for  it ;  but  remembered  not,  w4ietber  it  An.  4  chuieti, 
came  immediately  from  the  King,  or  firomithe  «W. 
Lords..  Upon  which  McSeldi/ij  and  four  otber 
Members^-  w^re  ordered  to go^  Home  with  ihe  Prin* 
ter,  amd  ioform  themfel ve$  of  the  Wanant ;  to  takt 
«  &ipy>  of  it,  ^nd  report*thefame  to  the  Houfe  the 
tiaa  Mofriing.  Accordingly, 
-Nextlfey,  Mr.  Selden  reported,  *  That  they  had 
examined.  Mr.  Ndrt$n  and  Mr.  Bill,  the  King's 
Primers,  and  found  that  the  Clerk  of  the  Houfe  of 
Lords  had  fent  to  them  the  original  Petition  of  Rights 
with  the  King's  fecond  Anfwtr  to  it  (i).  Th^t,  du- 
ring the  Sitting  of  the  Parliament,  they  had  printed 
about  fifteen  hundred;  ofwhichfewrweredivulged. 
That  the  Day  after  iheSeffion  was  ended,  Mr.  At- 
torney- fent  for  Mr.  Bill  to  his  Chambers,  and  told 
him,  as  by  his  Majefty's  own  Command,  That 
thefe  (hould  not  be  p'ublifhed;  and  that  the  Lord 
Privy-Seal  (/)  told  him  as  much.  That  foon  after 
he  was  fent  for  to  Court,  where  Mr.  Attorney  told 
him.  He  mull  print  the  Petition  of  Right  with  the 
yjfy?  Anfwer  {m)  to  it  and  his  Majefty's  laft  ^$ch. 
Thefe  were  given  in  feveral  Papers,  ftrongly  faft- 
cned  together,  and  upon  the  laft  a  Warrant.* 

Then  a  Queftion  arifing.  Whether  thefe  Papers 
(hould  be  fent  for?  It  was  carried  in  the  Affirma- 
tive J  and  that  the  Printers  (hould  bring  them,  a- 
]ong  with  the- Warrant,  the  next  Morning.  But 
this  A&ir  wasput  oiF,  the  next  Day,  to  another 
Time  3  and  from  thence  we  hear  no  more  of  it. 

Anocheribttifeverer,  Scrutinywas  made  by  the 
Commons^  '00  >the  Complaint  of  Mr.  Rollei,  a  " 
Merchant  and  a  Member  of  that  Houfe,  *  Thai 
his  Goods  were  feized  by  the  Officers  of  the  Cuf- 
toms,  for  refufing  to  pay  the  Rates  by  them  de- 
manded $  aliho':  he  told  them,  what  was  adjudged 
to  be-due  by  Law  he  would  pay  them.' 
.  »The  further  Proceedings  on  this  Affair,  and  other 
Matters  which  happened  in  this  fliort  Seffion  of 
I u,         •  Parliament, 

•    (if^  See  befow;  p.  -02.  {I)  The  EarL of  Worcifiir. 

(ffij  ;Scc  bef^re^  p.  150., 


-l%4^    7ft  ?rfW*(MlrrtJjr>  History 

Afc*:Ch>itoil.ParHatncot,  were  publKhed  abaVd  40  Yieirsago/*}, 

i5*l.       froiii  an  Account  laken  and  collected  by  Siriht- 

mas  Crnui  Knt.  Father  to  Jehn  Lord  Creuyt  ■'THt 

m Genileman  had  been  Speaker  of  the  Itft  Pa^^liiH 

^^^V       ,    i^jSitotof  l^gjamii,^^  thefirHof  KingCAiiry^;, 
^^^1  sr.WBs  1  Scfgeam  a[  Law,  anda  Perlon  Vexy  eminent 

^^^H  in  his  Profellion.    His  Account,  being  much  MIcr 

^^^V  r.tiian  is  fepiefented  in  Ruftywarlh,  or  any  other 

^^^H  t.  Writer,  we  fhall  chiefly  follow;    compared  irith 

^^^P,  ,:  rtfc  Jearitals  of  ihe  CdTOmMJ,  ihc  Hiftorugt  CtBeC' 

^^^  lUrifeff,  anrf,  what  are  ftiil  more  cuiious,  two  Maxu- 

,::firipti^  of  an  equal  Date  with  thefe  Times I»the 

wfttface  to  Sir  Thomas  Crew's  Cclk^im  it  is  fsid.io 

'  ,.ife  (iffcred  to  the  Perulal  of  the  PubUcfc  «wiibout 

I  -/f  any  Diminution,  Addition,  Remarks  or  Apfilica- 

'  '  TiJSi'tion,  fmarginjl   References    exceiited)    by    his 

I  ,'  Grandfcn,    '^ekn  Pirkhurji,   Elqi'    But  upon 

coraparing  it  with  the  above-mentioned  MAitu- 

fcripts,   it  appears  ihat  levera!  Speeches  and  mate- 

cial  PaiEiges  are  omitted:  Surh  are  properly  di- 

Itinguifhed  in  thmr  Order, From  all  thefe  Au- 

ihoriUes  we  mv,y  he  able  to  give  an  exafl  arrd  au- 
thentic Account  of  this  Seflion,  more  refcarkabic 
ihAn  any  whicli  haih  yet  happened  in  the  wbolc 
Courfe  of  thefe  Enquirits. 
I  But  before  we  go  on  to  this,  it  will  be  neoeflsry 

to  look  a  litile  into  the  Proceedings  of  the  Lordt- 
\  for  this  Seffion.     Wc  find  their  Jouraafs  yery  bar- 

''  ren  of  Matter  for  this  Purpofc,  except  what  isalfo 

piven  in  the  fubfequent  Account  of  the  Ctmmtnt  .- 
I  Appeals  from   Chancery,  and  Ibme  Breaches  of 

I  Pnnlege  employing  theirTime  moff  part  of  this 

f     .      , '  ■'  ■, .  ( r  .-Wliot).     In  the  Utter  Affitir,  the  moil  remattablc 
I        ^.;.  ^..JtiJinriW^^-lhis:  AMotionwas  made  in  theHoufe^  (/>- 
-       Th<  Loiiit  wVeni^f"?  9-)  ihut '  W  heress  divtrs  EngHJhmtn  having 
tht  cucrctriLB  «" iJbKiiiieid  Dcgreee  of  Honour  i  as  of  Earls,  V,ifcaums, 
S(L>u  sn4  i'i^^ij]d..B:iroiis,  within  the  Kingdoms  of  Si^/Z^nrf  and 
I       V«tTGjS5.^^'"^-8r'd  iheteby  do  pretend  lo  have  Place  and 
tonii  '..-.Prwrcdency,  .in  all  Commiflions  ^nd  Meetings,  a- 

.  iKJi-e  the  Peers  of  ihis  Realm  :  The  Houle  tfas  lo 
,  .tonlidcj  hpw  this  Wrwg  mi^t  be  icdreHed^diher 
L-  ...  by    ■ 


Of    E  NO  L  A-N  XT.      249  ^ 

by  an  Aft  of  ParMament  lo  be  pafied  by  boihA».4.ci.Mieii. 
Houfes  4  or  by  an  humbi*  Petition  from  them  to       i«»l. 
'   the  King }  or  bya  joim  ProtelUtion  of  the  Hoore 

againit  it.' 

A  Committee  being;  appointed  to  talce  thic  ASair 
immediately  into  Confidcration,  they  agreed  on  the 
'following  PropornicHi : 

no''*  We  conceive  that  no  foreign  Nobility  have 
itiiny  Right  of  Pretxdcncy,  within  the  Realm  of 

■  .■^netanti,  before  nny  Peer  of  this  ICingdom:  Yet, 

notWiihftanding,  by  Couriefy,  Precedency  h«h 
been  allowed  to  Noblemen  ot'  foreign  Kingdoms, 
according  to  their  Ranks,  which  it  is  no  way  our 
Intention  to  alter.  But  in  regard  that,  of  laie, 
many  Esglijhmen,  both  by  Birth)  Eftates,  and  A- 
bodes,  and  the  more  coniideraNe  becaufe  of  their 
great  Number,  have  had  (eweral  Honours  in  the 
Kingdoms  of  Scaiknd  and  Ireland,  conceived  to  be 
very  dilieririceablc  to  hia  Majefty,  and  prejudicial  lo 
the  Peers :  That  which  the  Commi  tee  do,  in  Hu- 
mility, offer  unto  the  Houfe,  is  to  confider  what 
Courie  is  the  litteft  to  be  taken  for  applying  to  his 
Majefty  for  remedying  and  rcdrcfling  of  this  In- 
conveoicncy.'  Agreed  unto  by  the  whole  Houic. 
Accordingly  the  following  Petition  was  prefctit- 
ed  to  the  King  for  that  Purpole. 

/fPETiTtOM  Jy  (jfr*  Lords  tovcermng  tht?TKt- 
dency  oftht  hit  treated  Baroks,  Viscounts, 

f7/iE^  Ear  Ls  ^Scotland  fl»i^  Ireland.        .1 

, ..        7a  theKiti  c's  Mifl  ExiellenC  Mafifly'.   ■_ 

^iffi.^N  all  Humility,  fliewunioyour  McftEKcel-TUffciii;,,^!. 
-^i/Ii  lent  Majefty,  your  ever  loyal  iiubjefts,  theihcKiug  jjjmit 
giUvJibnlff'Spitilufll  snd  Temporal  now  in  Parhameat".' 
,-'*;8fl((mbled,  -That  whereas  the  Pc^rs  and  Nobility 
f.dtfefihisyout  Realm  of  £'«?;i/«i,  have  heretofore     " 
tm:  ui!'d,'in-Giiiirteiy,  toaftbrdPrei:eiieHcy,;iccordinE.  '.. 
s'.O^ihefov^rai  Ranks fMidDe^re«,  tofottiof  the 
-.'i^-'Niibitilv'of  Ai)//<;«JifaT«J  Aw/'/M^.-iRi-belnigin  Ti- 
ni  Tks-ofHoaOwrikwe'i&e^B^  have>-u^ori  Ottafian, 

■  d  *  lelotied 


Afi.4-Charfet  I. 


^50    TBa  ^rBavkfiOnrf/MisrsiKr 

rcforted  hither,  or  remained  here  in  yojiir  Majef- 
ty'a  Seryicc ;  which  we  areinoft  ^flHng  ftould 
Jbe  ftHKobTerv.edtas  A  Civility  tending  cothe^gieat 
Honour  of  our  Nation:  ,  i^n.;:  - 

*  Now,  divers,  of  the  DaturalrbornSulgefls  off  this 
Kingdom^  who, both  themfelves and  cbckFaloi* 
lies,  do  re^de  and  have  their  chief  £ftale«  and-PoP' 
felEoDS  amonglt  ua,  having  of  late  been  created, 
fome  Baronsy  fome  VifcouDt9».  tod  fome  £arls» 
within  thefe  your  Kingdoms  of  Scotland  91A  Ir^ 
land^  do,  by  reafon  thereof*  claim,  as  of  R^bt»'tO 
take  PJaccj  and  to. have  Precedency  of  the  Peers 
and  Nobility.of  iS^r^/jffrfjand  iheirChildreni  with- 
in this  Realm  ;  which  we  conceive  doth  not  be- 
long unto  them  by  any  Grant  from  your  Majef^- 
ty ;  and  tends  both  to  the  Diflcrvice  and  Preju- 
dice of  your  Majefty  and  your  Realms,  and  to 
the  great  Difpiaragement  of  your  Englijb  Nobility, 
as  by  the  Reafons  hereto  annexed  may  appear. 
••  We,  therefore,  befcech  your  Molt  Excellent 
Majefty,  of  whofe  tender  Care  to  preferve  the 
antlent  Honour  and  Dignity  of  your  Nobility 
we  are  throughly  perfuaded;  that,  yourMajefty*s 
Wiidom  and  Goodnefs  being  fo  extraordmary, 
you  will  be  pleafed,  according  to  the  Example 
of  the  beft  of  Princes  and  Times,  upon  the  Con- 
fideration  of  the  manifold  Inconveniences,  which 
Pradtice  and  Obfervation  of  Circumftances  have 
brought  to  Light,  being  reprefented  unto  your 
Majefty  by  the  neareft  Body  of  Honour  unto  you, 
and  neareft  concerned  in  this,  and  offered  with  as 
much  Faith  and  Humility  as  they  can  devife ; 
for  the  avoiding  of  all  Debate  and  Contention, 
which,  upon  this  Occaiion,  may  arifeeither  fonthe 
;  prefent  or  future,  that  fome  Courfe  and  Order 
may,  be  titnely  fettled  therein  by  your  princely 
Wiidom,  as  that  thereby  the  Inconvenience: of 
your  Majefty's  Service  may  be  prevented  5  and 
that  the  Prejudice  and  Dilparagement  of  the 
Peers  and  Nobility  of  this  Kingdom  may  be  le- 
dreffcd/ 

'  7hi 


.  0/    BiNv.<ai>  A  N  I>*      ail 

r-      •         /■''■■  ■  Ant  4*  Cly^e*,!, 

u^irjtj  *  We  ftoM  It  to  be  new,,  and  not  war- 
«  ranted  by  any  antient  Precedents^  that  Subjtos 
*.  of  this  Kihgdomt-w^ofe  Habitations,  Eftates,  and 
^ :  (Fo&iBons  ^dfe'  principally  within  this  your  Ma- 
^ij^^si  Rtetm,  fhould  have  Titles  of  Honour  in 
^  Btber  Kingdoois,  where  they  have  froall  or  no 
^'£iljates,  and  do  not  abide. 
-'  Secaudfy^  *iThat  rr  may  be  Caufe  of  great  Dif-^ 
^icontcntmetu  to  your  Majefty's  SutqeSs  in  Ire- 
h  iandj  that  fo  great  a  Number  of  thofe,  who  have 

*  no  Eftates  to  oblige  them  to  the  Defence  of  that 

*  Kingdom,   (houid  give  Voices  in  Parliament, 

*  there  to  make  Laws.     As  alfo  it  may  be  great 

*  Danger  to  that  Country,  if  Times  of  Hazard 

*  'fhould  come.     Which  weighty  Coufiderations 

*  have  wrought  fo  far  with  your  Majefty's  Royal 

*  Predeceflbrs  and  the  whole  Eftate,  that  an  Aft 

*  of  Parliament  was  pafs'd,  which  took  away  great 
*•  Eftates  of  Land  in  Ireland  from  fome  of  the  no- 

*  bleft  Families  in  this  Kingdom,  only  in  Contem- 
*.  plation  that  their  Want  of  Refidence  there  upon 
f  their  Lands  might  endanger  that  Kingdom. 

Ihirdfyf  *  That  it  is  a  great  Diflervice  to  your. 

*  Majcfty  and  this  Country,  that  ihofe  who  live 

*  amongft  us,  fliould,  by  foreign  Titles,  exempt 

*  themfelves   from   thofe  Services  of  Truft  and 

*  Charge,  which  othersx)f  as  good  Birth  and  Eftat6  ' 

*  here  undergo  dafily  ;  wherebv  it  happeneih  often; 

*  that  either  Perfons  of  good  Qualiiy  are  more  fre- 

*  quenily  burden'd,  or  the  Charge  fialls  upon  thenl 
'  of  meaner  Condition  and  lefs  Ability  5  not  with* 

*  out  Prejudice  to  the  Service,  and  Difcontentmcnt 

*  to  the  Perfons  that  undergo  it,  as  alio  of  Lofs  lO 

*  your  Majefty,  and  Grief  to  your  Subjeftsin  iholi^ 
^  Places  where  the  Honours  are  given.    Thatahho* 

*  they  draw   to   your  Majefty  Creation-Money; 

*  yet  they  donot  help  nor  a/Bib  there  to  any  neccf- 

*  lary  Charge  or  Contribution. '      '  -     .:...'    -  • 
Fourthly^  *  Tbat.it  is  conceiv^d.to  he  cortcarf 

^to  the  fundamental  'Laws  of  ih.fe  King,  oms, 

*  t.iac 


'^'i^ 


I 


» 


5Jti    7fieTarHamentary}inT0KY 

thar  any  fhould  be  inve2ed  wUh  an  heredjtarjr 
HcmouT,  where  he  hath  noi  an  Eftate  boiti  to 
j*.ot>lig:  him  and  his  totheCareandDc/enceofthac 
*i  Kingdom  i  and  make  himrcEf,  by  that,  refponlible 
^-  to  the  Jafticcof  tha:  Place  where  hisPerfcui  isprt- 
.fi  Alleged  ;  and  of  great  Grief  loyout  faitjifui  So- 
.^j^iiity  of  this  "Realm,  (who  have  yielded,  out  of  Ci- 
,f,  vHiiyaiid  Co»irtefy,toSlrangers)  that  they  fliould 
,<  fcediftucbcd  in  ihol's  Ranks  and  Degree*,  which 
.}  the  Gtacc  of  Princes,   grounded  upon  Merits, 

*  long  Time  have  icttled  ihcm  in,  by  others  of 

*  theii  own  Nation  of  meaner  Quality  i  in  vfbota 

*  no  other  Caufe  appears  but  Ambition  to  precede 
,f  others,  wiUiout  Ground  of  Merit$  or  Eftate  to 
.•.Barrani  it  in  Ihefe  Places,  where  they  have  ieut^bt 
v., Title ;  it  being  a  great  Ditninution  to  yoiir  No- 
-f  -fcility  and  their  Children,  and  the  antient  Gentry 
;f  ,-Of  this  Kingdom.  , 

^[  'Fyihly,  *  That  Honour,  both  in  the  Nature  of 
f 'itielf,  and  Praflice  of  former  Times,  being  at- 

'*  chicved,  principally,  by  Virtue  and  Dcferti  and 

'  it  being  one  of  the  chiefeft  Marks  by  which,  ihie 

*  beftof  Princes  made  Imprcffion  thereof  to  defcend* 

*  faeredi£arlly,inihe  molt  defervingFamilieJi  which 

*  was,  by  generous  Spirits,  efleemcd  above  all  otTier 

*  Rewards:  We  leave  it  unto  your  Majefty'g  pru- 

*  dent  Conlidcration  of  how  great  Inconveniencf 
'  it  is  to  alter  or  Icffen  the  Value  of  that  Reward  ; 

i,S;  wluch  was  of  fo  much  Honour,  and  no  Charge 
*,',f>  unto  your  Majefty  ;  andof  fo  gieat  Contentment 
,j  ^d  Eale  unto  your  People  ;  Which  may  be  dc- 
i_Ji^nionftiatedin  many  Piiticulars  too  long  now  (o    , 
■^^rehearie.'  ■  "^       I 

.  . ,  * ,  Further,  we  hold  it  in  no  fmali  Decree  dcrp- 
■  *"gatory  to  the  very  Foundation  uf  Nubihiy  jtiyf, 
'  which  is  the  Slop  and  Circle  that  compaflcih^llpe 

*  Royii!  Throne,  that  thwfe  who  bear  a'l'ille,  imd 
,*;da'in  its  Precedency  before  many  of  us,  fhould 
\*_  Ifll-fo  iow  in  the  People's  Eyes  and  EEieem^as 
'^5,"tq  be  daily  fubjeflIoArrcft^  of  their  Per fons,  and 
j.jf;,sllo[hei  CircumiUiibe!  Af  Dilrc'.pcft,  which  Uie 


*  meaneftSoDJeflsundergo,  t)c'inginiheEyeoftheAii.4.Cb"WL 

*  Law  but  Commonen.  'lei*     ■ 
*  To  conclude.  This  our  Caufe  of  Grief,  bemg, 

*  in  our  Opinion,  as  to  the  Praflice  of  it  new  and 
'  unufual ;  in  tlie  ConfeqLicncc  not  without  Dan- 

*  gcratid  Difcontenimem  to  your  Realm,  and  Sub- 
'  jcfts  of  all  Degrees ;  in  the  Nature  of  it  con- 

*  trary  to  the  Foundation  oi  the  Grounds  of  Ho- 

*  nour  laid  in  this  Kingdom  ;  and  the  whole  Courfe 

*  of  itbtecdii^  ill  EfFefts  lo  the  Service  of  your 

*  Majefty  and  the  Public;  Difvalue and  Contempt 
'•  toNobiliiyitfelf,  which  is  the  Degree  interpos'd 

I  '■  bntnedUtely  betwixt  your   Majefty  and    your 

*  People : 
I            -*  *  We  can  no  where  lb  juftly  appeal  as  to  your 

''Majefty,  the  Fountain  of  Honour,  fora  timely 

*  'Remedy  againft  this  great  and  growing  Inconve- 
'  niency  for  the  prcfent  ar.d  future.     And  as  your 

*  Majefty's  Honour  isequallyconcemed  inthisWltli 
■'  the  Iiuereft  of  your  Kingdoms  and  Subjefls  j  fg 

*  we  doubt  not,  but  it  (hall  appear  to  the  World, 

*  thaiyourMajefty's gracious  Care  is  toreduceand 
"*  maintain  your  Nobilitv  in  their  antient  Luftre; 
■ "  which  flial!  equally  tend  to  your  Majeiiy's  Service 

*  and  Happinefs,  and  to  our  own  Contenrmcnt.' 

February  19.  The  Lord  Keeper  reported  his  Ma- 
jelVy's  Anfwer  to  the  above  Petition,  to  this  Ef- 

Thai  thf  Matter  wasvf-jvetgBty  ConftqiutKe  \  ani^i-,^ , 
ip'  thiir  Lord/hipt  had  fat  foms  Days  irpnpciri  ihtKnU 
fimf,  fi  he  viaild  tele  feme  limt  to  cimfidrr  if  an 
Anfwer  tt  it,     Tbci  iht  Form  sf  the  Petiiim  and 
Manner  of  delivering  of  it  was  fuch,  ez  ■  hr  huid 
flat  but  interprif  weUsfihtir  Lerd^ips  Prerndingi ; 

!  jSt  ke  may  fay  thai  it  is  taficr  te  prevent  an  Immivi- 

[  i**V«0'j  'Ac"  redrefsit  tvhiti  it  has  happenttl^ 

*  Tt  is  probable  that  the  Difogreemcm  theti  orifing 

beto'cen  li^c"  Kingand  the  Hbufe  of  -  Comftitins, 

whirh   "occafidncd.iiic'Tudden  Difiolotibn -qft^is 

Parliansenr,  vri%  atfa-thrRwirn-why-ue-ftinher 

'    '  Anfvvcr 


kM^ 


a J4   7m  Tartiamentary  Hi  s  iro*.  r 

Aii'.4.CharlcjLATifweT  was  givcii  to  tW^PeftitiOD ;' for  wc  tnfeet 

i6a8.       wlrh  np  more  aljout  it.      And,""     *'        .     •     ' 

■  Nothing  elfe  of  any  Confcquence  happening-ih 

the  Upper  Hoitfe  this  Seffion,  w6  Ihall  pafs  on  19 

the  Tranfaftions  of  the  Lower. 

The  aforefaid  Complaint,  about  feizing  Mr. 
Mclles^s  Goods,  having  been  rtxadc  to  the  Houfc,  Sir, 
Sabert  Phjltps  got  up  and  faid,'  ] 

*  By  this  Information  you  fee  the  Misfortpties 
S^^cGc^of  thefe  Times,  and.how  full  Time  it' was fofthis^ 
of  a  Member  forAflembly  to  mcet  to  lervc  his  Majefty,  and  pte- 
refufing  to  pay  Ycfvc  ouifclvcs ;  and  I  am  confident  we  came  hither 
Taonagc.  ^^  ^^  both  J  and   may  all  we  {hall  do  conduce, 

to  an  happy  End  and  Conclufion,  to  the  Itin^y 
Honour  and  our  own  Safety !  Great  and  Weighty 
Things  wound  deep  ;  caft  your  Eyes  whJeh 
way  you  pleafe,  you  may  fee^  Violations  upoji 
all  Sides :  Look  on  the  Liberty  of  the  Suhjefl:; 
look  on  the  Privilege  of  this  Houfc  j  let  any  fay, 
if  ever  he  read  or  faw  the  like  Violations  by  infe- 
riour  Minifters  that  overdo  their  Commands. 
They  knew  the  Party  was  a  ParMament-Man  : 
Kay,  they  faid.  If  all  the  Parliament  was  in  him^ 
this  they  would  do  and  juftify,  meatiing  the  E>e- 
nial  of  the  Replevin.  If  we  fufFer  the  Liberty  of 
the  Houfc  to  wither,  out  of  Fear  oi'  Complement* 
we  fhall  give  a  Wound  to  the  Happinefs  of  thfs 
Kingdom. 

•  Here  the  Courfe  of  JulBfce  was  interrupted : 
Order  was  was  made  in  the  Exchequer  for  the  Stay 
of  the  Goods ;  and  fince  there  is  a  Seizure,  upon  the. 
Approach  •  of  Parliament,  of  Goods  amounting 
unto  5000 1.  for  pretended  Dutieiof  200 1. 

*  In  the  firft  of  King  James^  by  reafon  of  thd 
Sicknefs,  that  then  was,  the  Parliament  was  pro- 
rogu'd  j  and  then  there  was  fomeBoldnefs  to  taki* 
Tonnage  and  Poundage;  yet,  after,  we  queftion'd 
the  Men  that  demandifd  it,  for  there  was  no  Right; 
to  demand  it.  Let  us  proceed  with  Perfeverance 
In  our  Duties  to  make  up  Breaches :  Let  a  Com-, 
miitee  be  appointed  toconfidtr  of  thefe  Duties.*   • 

Mr. 


.Of  ENGL  AND.     ajj 

.  Mr.  Littleton.  *  We  have  had  good  Admoni-An'4CbMl««i. 
tions,  and  we  have  followed  them.  We  have 
had  Moderation  ^reach*d  to  us  in  Parliament,  and 
we  follow  it..  I  would  others  did  the  like  out  o£ 
Parliament.  Let  the  Parties  be  fent  for  that  vio-i  , 
lated  the  Liberties  of  Parliament,  that  they  may 
have  their  Doom.'  ,        ■ 

Jhis  speech  was  occafigrCd.  by  Secretary  Cooke, 
who  had  deftr^d  Moderation  might  be  ufed^ 

•Si;  John  Elliot.  .  *  1  fee  by  this  Relation  what 
Caufe  we  have  to  be  tender  of  the  Liberty  of  the 
Kingdom,  [ihd  of  this  Houfe]  (o)  and  yet  withall 
to  retain  t}]at  Moderation,  as  to  give  Satisfadlioa 
to  the  World  that  our  Hearts  are  fixed  to  ferve  his 
Mi^fty,  :and«to  free  us  from  all  Jealoufy. 
'"^  Three  Things  are  mvblved  in  this  Complaint. 

'  I.  *  The  .Right^of  the  particular  Gentleman. 

2.  '  The  Right  of  the  Subjca. 

3.  *  The  Right  and  Privilege  of  the  Houfe. 

'  Let  the  (Pon^oiittee  confider  of  the  two  for- 
mer ;  and  for  the  Violation  of  the  Liberties  of 
this  Houfe,  let  us  notdolels  than  our  Forefathers. 
Was  etref  the  Iitformation  of  a  Member  conmiii-  .  ^  .  ., 
led' to  a  Committee  ?  Let  us  fend  for  the  Parries : 
Is^lbere  not  here  a  0at  Denial  of  the  Reititution 
of  the  Goods  I  Was  it  not  alfo  faid,  That  if  all 
the  Parliament  were  cpntained  in  him,  they  would 
do  as  they  did  i  Let  them  be  fent  for.* 
\  It  was  herisupoh  ordered  that  the  Officers  of 
the  Cuftom-Houfe  be  ient  for. 

%    >  •  ■  ■ 

Then  Mr.  Selden  reported  from  the  Committee 
concerning  the  Printing  of  the  Petition  of  Rights 
*  That  there  were  fifteen  hundred  Copies  printed 
without  any  Addition  at  all,  which  were  publiflied 
in  theTimeof  the  laft  Parliament ;  otherCopics  have 
been  printed  fince  with  A(^ditions,  the  former  fup- 
prefs'd,  and  made  wafte  Paper  \  which  the  Printer 
did,  as  h^  faid)  by  the  Command  of  Mr.  Attor- 
ney!  , 

(0)  The  Paflkgcs  in  Crotchets  f  ]  are  fuppUcd  from  fhe  Manu^ 

feripti  before  mentioned.    There  aic  lifa  feveja]  Qof  re^on'^  /«^w. 

too  minute  to  be  particular ized.  *"  .     '^ 


ii»*°"*"-iji  JheTarliameutary HiiTOKM 


I 


t-  nef,  which  he  received  from  his  Majetty.  An|lJ 
ihc  Piitittf  funhcr  diA,  That  Mr.  Attorney  wai? 
with  the  Lord  Privy-Seal  at  JfhifehaH,  and  tbef^ 
the  ivA  Lort  delivered  to  ihe  Prinrcr  Papers  will 
divers  Hands  to  them  ;  and  on  the  BackHdc  weA, 
iodors'd  thefe  Words,  Wt  Jl^tll  and  Cmmaiti^ 
ysu  that  ibtfi  CopUs  be  printed: 

"Jan.  23.  A  Meflige  by  SecreUry  Cnltt  from 
the  King,  to  the  Lower  Houle. 

*  Whereas  there  hath  been  Debate,  in  this  Houffa, 

*  concerning  the  Setzurs  of  MerchaDts  Goods  b^ 
'  hi»Majcfly  Officers  and  Minifters;  His  Ma jeftf 
'  wJleih  that  any  further  Debate  or  Proceedings^ 

*  in  thit  Cafe,  may  be  forbora  'lill  To-inacro«P 
'  at  two  of  the  Clock  in  the  Afternoon  j  vrheil 
'  his  Majelly  is  refolved  10  fpeak  with  both  Houfet 

*  in  the  Banquetitfg-Hsuft,  at  ffhilehalliziA  heic- 

*  of  we  aie  to  take  Notict.' 

The  King's  Speech  was  as  follows : 

My  Lords  and  Gentlemen* 
,',  "TTHE  Care  I  have  la  remove  tU  Oijfaetes  thai 
\  (hit  *  maf  hinder  the  goed  Carrefptndeney,  or  tsu^  t 
JiS/anderJianding,  betwixt  me  and  this  ParSamentt 
made  mi  call  you  hither  at  this  Time,  the  particular 
Occafan  being  a  Camph>nt  lateff  mav'd  in  the  Lnatf 
Hmfe. 

And  asferym,  my  Lsrds  of  the  flightr  Heuje,  / 
aT.  glad  to  laie  this,  and  all  ethir  Occafwis,  mhtniif 
yott  may  (Itarly  underlland  both  my  Ifords  and  Aifi- 
ns  i  for  as  you  are  tiear^  in  Degree,  fi  ytu  are  tht 
fitieji  JVtineJts  for  Kings. 

The  Complaint  I  /peak  ef,  is  fir  Staying  ef  Men's 
Goods  that  deny  Tetmagt  and  Poundage.  This  m^ 
have  an  eajy  and  Jhort  Condufion,  tf  my  Words  *ni 
Anions  he  rightly  underfeed:  For,  by  pajjivg  the  Bill 
as  my  Jtncmors  have  had  it,  my  paji  Ailions  wiB 
ie  cgncluded,  and  my  future  Proceedings  authorized  t 
I  whith  certainly  tiyoula  not  have  been  flrucien  vpon,  if 
Mm  had  not  imagin'd,  that  J  had  iaitn  ihoje  Duties 
*r  applrlti^ing  unto  m/  hertdHary  Prwg^fiw,_y*_ 


i 
i 


'Of   E  k'G  I'A  i^pl  ■  ajr 

which  they  are  much  dtceivid:  Rr  4t  4tmr  «/tfX,An.4.  chtrtetl. 

cnijiili  is  my  MeamNg,  by  thf  Gijt  tfynyPe$pli       i6»3. 

to  enjoy  it ;  and  my  Intentiat^in  my  Speech  ai  the 

End  of  the  lad  Seffton^^was  not  to  challenge  Tannage 

and  Poundage  as  if  Sights  hut  de  bene  efle  ;  ^ew^ 

ing  you  the  NecifRty^  net  the  Rights  by  which  I  was 

to  take  fV,  untill  you  had  granted  it  unto  me  :  Af^ 

furing  myJUf^  according  to  your  general  PrrfeJJions^ 

that  you  wanted  Time^  at^  not  Goodff^ll^  to  giva 

it  mom  '  ■    ■     f%  •'.  • 

ffhArfifrij  ^having  nnv  Opportunity j  I  expeff  that^ 
wiltout  Mofs'  9f  lime^  )ou  mate  good  yenr  former 
ProJegUi^X  aM  fo,  by  faffing  the  Billy  to  put  an 
End  fe%$UStuiflibns  arjfing  from  this  SabfeSt ;  -  e/pe- 
ci(^jfince  Ibawremaved  the  onfy  Scruple  that  cam 
trouilayottin  this  Bufini/s. 

To  conclude. "  Let  us  not-  be  jealoutone  of  another's 
A5iions :  For  if  I  had  been  eafify  movd  ai  every 
Occafion,  the  Order  made  n  the  Lower  Hmfe^  on 
Wednefday  Night  lajiy  might  have  made  mejtartle ; 
there  being  fome  Shew  to  fufpeSt^  that  you  had  gi* 


youyhfy  hearCompIainah'ts,  andmt  fiek  Complaints  ; 
for'^I  am  certain  you  neither  intend  nor  defire  to  be 
' Iftqutftors  after  Men's  A^iom  before  particular 
Complaint  be  Jifade. 

7hts  I  have  fpolen  t9  Jbezv  yon  hoivjlow  lam  to 
lellew  harjhly  of  your  Proceedings  ;  Uktivife  to  off  ire 
youythat  the  Hcufe*s  Refolutions,  not  particuier 
Metfs  Speeches^  Jhall  male  me  judge  well  0r  i#,  not 
dotibting  butt  according  to  my  Example^  yon  will  be 
deaf  to  all  ill  Rrports  or  Rumours  concern  ng  me^  un* 
tillffiy  f fiords  and  ASlions  fpeat  for  themfehes :  So 
that  this  Sejfion  beginning  with  a  mutual Qohfide/ico  :ne ' 
cf  another^  it  may  end  in  a  perfeTl  and  gkd  Corre- 
fponde'ncy  between  us  i  which  Almighty  God  grdut. 
'Amen- 

Jan.  26.    Mr.  Thaller  informM  the  Hc^ufe  of  . 
divers  Ships  laden  wiihCorn  "fcr  Spafh  aha  other 
■  Vol.  VIII.  R  Enc 


ajS    TbeTarliameritary  HisroKX     " 

■leil. Enemies  Countries  :  Whereupon  a  Commictec 
wai  appoimeJ  about  the  Trading  inib  Sp,Tin  and 
oiher Enemies  Coun;iies,  and  (.oncerring  the  tranf- 
portingCorn  andMuniriou  ihitlier.  kwas  there- 
ujton  oideiM,  (hat  Ibmc  of  tlie  I'rivy-Council 
Ihuuid  move  ilie  K.ing  about  the  Stay  of  the  laid 
Ships. 

Secretary   Cceh    mov'd,    *  That   the  Bill  of 

lainnge  and  Poundage  might  be  read:  But,  after 
fome  Debate,  it  w^is  diverted  >  and  then  they  fell 
ujwm  Point  ot'  Religion'.  ^ 

G.ic.  Mr.  Shtrlarid  (aid,  *  Wc  have  a  Religion  that 
■''^-  a  wurih  the  loving  with  all  our  Hearts.  It  was 
fealed  with  the  Blood  of  Martyrs,  and  kept  by 
Miracles;  and  now  lo  have  our  Nofcs  wip'd  of 
this  would  grieve  any  Heart;  much  more  to  fee 
our  Religion  quite  taken  away;  Defigns  daily 
mnde  on  it ;  and  Armi/iiamf"'  ftill  to  incieafe  as  it 
(ioth,  it  makeih  me  not  a  little  to  admire.  1  am 
perfuaiied  that  the  greater  Part  of  .the  Nobility, 
Clergy,  and  Gentry  are  firm  ;  but  it  is  the  Defires 
of  iome  few  that  labour  to  bring  in  a  new  Fac* 
lion  of  ilicir  own  ;  and  fo  they  drop  into  Ears  of 
his  Majefty,  that  rhole  thai  oppofe  them,  oppofe 
his  iVInjefty,  putting  him  upon  Defigns  that  Hand 
not  wiiii  pubUi.1;  Liberty';  and  lell  him,  that  he 
may  command  what  he  lifteih,  and  do  as  he  plea- 
icxh  with  our  Goods,  IJvejand  Religion;  where- 
by ihey  have  involv'd  all  goodirue-hearied£«^/iA- 
men  aUd  Chiiftians  under  theNnme  of  Puritans, 
and  make  their  Qiiairel^  to  he  his  Mn jelly's -,  which 
is  Treaibn  in   ilie  highell  Degree  and  Quality.* 

Mr.  Rsufy.  '  We  have  of  late  enier'd  into 
Conndt^ration  of  the  Ptriiiin  ef  R'^hi^  and  the 
V'jcilaiiun  of  it,  and  upon  good  Rcsfons;  for  it 
concertis  our  Goods,  Litwrtics  and  Lives;  but 
thc-te  is  a  Right  of  an  higher  Niture  rhat  pte^rvcs 
us  far  greater  ThiDgs  eien  itie  Eiernal  Lifci  our 
Souls  yea  our  GoJ  himKlf  ;  a  Right  "of  Religion 
deiiv'd  to  us  from  rh;  K  i"-s ''f  K;rg^,  coniitRicd. 


'Of   E  N  GX  A  N  p.      2JP 

.'to  us  by  the  Kings  of  ibis  Kingdom,  and  enabled  byAo.*  Chatie.i. 
L^ws  ill  ihia  Place,  ftrcaming  down  to  us  ia  .the  *'*«• 
ffipod  of  the  Martyrs,  and  witnefc'd  from  Heaven 
.(jy  Miracles,  even  nViraculous  Deliverances:  And  ■ 
^ihis  .Righii  in  the  Name  of  this  Nation,  \  ttiis 
Day  cUim ;  atid  defirc  that  there  may  be  a  deep 
and  ferious  Confidenlion  of  the  Violatbns  of  it. 
XdeH^,  fir{t,  i:  npy  be  conlider'd  what  new  Paint- 
iflgsare  piid  on  .ihp  old  Face  of  the  Whore  of  Ba- 
AijSn,  to  i^uke^er  more  lovely,  and  to  draw  more' 
Suitors  to  her.  I  defire  that  it  may  be,  coofider'd 
how  the  See  of  Rome  doth  eat  into  our  Religion* 
apjj  fret  into  {he  Banks  and  Walls  of  it,  Itnean 
t^p  Laws. ani^  Statutes  of  this  Realm  j  cfpeciall/ 
iince,U]QfE:  Laws  have  been  made,  in  a  Manner  by 
themfflves*  even  by  their  own  Treafons  and 
bloody  pe%ns ;  and  fince  their  Popery  ia  a  con- 
fua*d  Mafi  pf  Errors ;  cafline  down  Kings  before 
ropes  i  the  Precepts  of  Goo  before  Men's  Tra- 
ditions ;  and  living  and  reifopable  Men  belore " 
dead  and  fenfelefs  Stbcks  and  Stones. 
■  '  I  defire  that  we  may  confider  the  Incrcafe  of 
Arminianifrrit  an  Error  that  makeih  the  Grace  of 
God  lackey  it  after  the' Will  of  Man ;  that  maketh . 
Shee^.  l6  keep  the  Shepherd,  and  makes  mortal 
Seed  of  an  Iniiportal  God.  I  defire  that  we  may  . 
look  into  thg  Very  Belly  and  Bowels  of  this  Tra- 
jan Horfe,  to  fee  if  there  be  not  in  it  Men  ready 
to  open  the  Gales  to  Rmiffit  Tyranny  and  Spaajfi 
Mpnarchy :  For  an  Armiman  is  the  Spawn  of  3 
Pafdfi  i  and  if  ihefe  come  the  Warmth  of  Court- . 
Favour  upon  him,  you  (hall  fee  him  turn'd  into* 
otie  oF  thofe  Frogs  diat  arife  out  of  the  botlomt;l3 

P'f-  ■■   '"'  "     ' 

*  ^ti^  if  ye  mark  it  well,  you  (hall  lee  an  J/r- 
m/a;«« 'reaching out  his. Hand  to  ^Papifl-;  a  Popjji 
to  a  Ji]utji_i\,Jefuit  gives«ne  Hand  toihe  Pope, 
and  the.  other  Hand  ^o  tfieKing  orsp^/jt.;  And 
thefc  Men  having  kindled' Fire  in  our  Neighhour'i 
Country,  have  now  brought  over  fome  of  it  hi- 
ther loiet  on  Flams  this  Kingdom  alio. 

R-s  ''Vet 


n.  ^.  chiritj  I,     •  Vet  let  U3  (urlliBr   fearch  and  confider   thi 
i6it.       Ji^en  itiat  broke  in  upon  the  Goods  and  Liberiie 

»oF  this  Kingdom ;  for  by  ihia  Means  ihey   mafcj 
Way  for  the  taking  away  of  our  Relig'ion. 
*  It  was  an  old  Tiick  of  ibe  Devil,  when  K 
meant  lo  take  away  yai'sReli^oni  hebeginsaib 
Goods,  Lay  thy  Iiiindone(tbebalb,andhwill,(urM 
the  10  thy  Face.     Either  they  think-hereby  to  ft" 
a  Diftafic  between  Prince  aiid  People  5  or  !o  fiiti 
fome  otliiir  Way  of  Supply  10  avoiJ  or  break  o^ 
Parliamems,    that    lb  ihey  may  break  in  upon! 
our  Religion,  and  bring  in  their  own  Errors.  ■     , 

*  But  let  us  do  as  Ja^  did;  he  held  fatt.M 
Religion,  and  then  his  Goods  were  reftot'd  Ifrf 
him  with  Advantage :  And  if  we  hold,  fait  owfS 
Religion,  ihefe  Things  (hall  be  added  unto  us^n 
Let  us  conlider  ihe  Time  part,  how  we  flouriflt- 
ed  in  Honours  and  Abundance,  when  Religion 
floutifti'd  amongft  us;  but  as  Religion  decayed, 
lo  the  Honour  and  Strength  of  our  Nation  de- 
cayed: When  the  Soul  ot  the  Common- VVealtb 
is  dead,   the  Body  cannot  long  over-live  lE. 

''  If  a  Man  meet  a  Doc  alone,  the  Dog  is 
fearful,  tho'  never  lb  fierce  by  Nature:  But-'if 
llie  Dog  liavc  his  Matter  with  him,  he  will  -fct 
upon  ihac  Man,  from  whom  he  fled  before.  ; 

'  This  Ibews  thatlower  Natures,  being  bacPd 
by  higher,  increafe  in  Courage  and  Strengihi  and 
certainly  iVl^n,  being  back'd  with  Omnipotencyite 
a  Kind  of  Omnipolent  Cieature.  All  Thingsare 
pol]ible  to  him  thai  believeih )  and  where  aUTtiings 
are  pufliblc,  there  ia  a  Kind  of  Omnipojency^ 

•  Wherefore,  let  ic  be  now  the  unaninwus 
ConltPi  and  kcfoluiion  of  us  ail,  to  tiu^  a 
Vow  and  Covenant,  from  hencefonh  tp  hold 
faft  our  God,  and  our  Reli^^ion  j  and  tbe^i  fliall 
we  from  hencefuiih  ceriamly  cxpeft.  P^ofperiiy 
in  this  Kingdom  and  Nation  :  And  to  this  Co- 
venant let  e^'ery  one  fay,  jimen.' 

Mr.  K'-tin.  '  This  Birfinefs  .that  we  haya  in 
hand  concerninsr  our  Religion  is  of  dangerous Con- 
Jsqucnce,  if  it  be  not  rttiilly  looii'd  iiuo.     I  thin' 


Of   E  N  G  L  A  N  D.    261 

no  Man  that  fitiJIicre  but  isfenfible  in  what  Danger^"*  4-charic«i. 
it  now  ftands,  if  this'Honourable  Hoiife  "doth  not  '  ^  * 
find  fdme  jpi^fehc  Remedy  f<x  it.  It  is  apparent  to 
every  JMfan,  that  neW*  Opinions  are  brought  in  fcy 
fbme  ofoiif  CharChmcn,  to  ^ifturbi  tlje  Peace  that 
our  Church  wasifbrmerly  in;  the,  Meaning  of  it  can 
be  no  <!fthci' than  40  bring,  ih  the  Rmifi  Reli^dn 
amof^gft  iisV  for  it  bath  been  ever  a  JeAiitica)  Poli- 
cy, fiHl  to  work  a  Difturbance,  then  aifterwards  a 

Chahgt.- We  unuft  feefe  the  Caufe;  Hhall 

fftelyTpcak  my  Opin'ion,  That  this  proceeds  from 
thb  Ambitbn  of  fome  of  the  Clergy  that  are  xii^ 
Itti  Majefty :  For  it  is  well  ktp  wn,  that  th^  Cburdi 
Qi  Rome  at  firft»  ajid  that  whi^h  we  now  pf ofeft» 
were  ftU  one ;  and  then  tl\e  Ao^bition  of  the  Cli^rgy 
J^ejgot  and  brought  in  all  tbofe  DiflE^rences  ttia{.are 
""iiow  iamdngft  us.  The  higbefft  Digmty  tftat  tbqy 
ain' attain  unto  here  in  Englan4  is  an  Archbilbop; 
lSut  a  Cardinars  Cap  b  not  here  to  be  had.  I  believe 
fdme  oif  tbeqfi  affe£^  that  too  well,  and  in  foo^e  we 
ifee  the  ESe£U  j  how  they  change  their  Opinions  jfor 
Advancement,  and  they  will  turn  White  into  filack, 
and  Black  into  W  hite. 

^  Tbfc  being  fo,  our  Endeavours  muft  be  to  talce 
away  the  Root,  and  then  the  Branches  will  decay 
of  themfelves. '  It  is  not  the  calling  in  of  the  Appeals 
-pf  Cafar  that  will  do  it ;  {p)  for  if  they  can  get 
^(hbprkks  by  writing  fuch  Books,  wefliall  have 
.  jnahy  n\ore  that  will  write  Books  in  that  Kincl.  It 
/behoves  ui^all,  every  Man,  according  to  bis  heft  A- 
bTlity,  to  employ  himfdf  for  the  Search  of  thefe 
'Thipgsj  that  W€  may  find  ovit  the  MaXtifer  and  the 
Men ;  that  we  may  prefcnt:them>  and  the.jDahgers 
that  this  Kingdom  ftands  in  by  tb^m,  to  hisRjllje- 
ItW'iirid,  for  my  part,  I>  as  Gcxj  (hull  epabk  me, 
.i^HsSo' my  heft  herein/  n.; 


'-'  * 


"  Tfie  itekt  Day  theTXkrbat^  was/efjinjj'd ;  :>yh^n 

Mi",  ^^wlpoke  as  follows :.::,  _r;:- 

■■■•  '■•'  '  •■•      *.'..R3  J-,  ...   '',.  .;       ,*.;The 

(^j  Alluding  to  a  Bftnflc-,  cj^rd,  ^p/74  dejarem,  wrote  l]^  Q% 
/Ift/i/ifg-i/whoafcoutlhis  vcTjf  Time  was  spade  Biihto  Qidi^efinf^ 


a6a  7/jeTarliamematry HiST^iLJ 

' Ai, ^.a»tieii,     *  The  Hinderances  of  Religion  atetobe  en- 

quir'd  alter,  and  Rcdrcfs  w  be  tlitrfcin  ta3Een.       ,  ^ 

*  There  arc  two  Dilsales,  the  one  oId»  the  oiJifr 
new. 

'  The  old,  Papery.    The  new,  Aimmanifin. 

'  There  are  three  Things  to  be  enqnir'd  after 
concerning  Pcpery. 

<  The  fir//,  Of  the  Cefijtion  of  the  EifCGUtion 
of  the  Laws  againft  Pepciy. 

'  The  Second,  How  the  Papifii  have  been  cin- 
ploy'd  and  countenanced.  ^, 

'  Thirdly^  The  late  bringing  in  of  fupetllhiciofc  j 
Rites  and  Ceremonies  amongft  us. 

*  For  Armlniinlfm,  be  advis'd,  J 

*  Firjl, That aWay maybe open'dfortheTrul^ J 

*  Secondly,  That  by  the  Articles  fee  forth  in  1552  jl 
and  by  the  Calechilin  fet  forth  in  King  £dwar^m 
Vl's&iys;  and  by  the  Writings  of  fwff- ^d? Of*  1 
Martin  Bacer,  IVukdiffe,  and  others  j  and  by  tljft  T 
conllantProfcffion  feal'd  by  the  Blood  of  fo  mikf  I 
Martyrs,  as  Cranmer,  Ridley,  and  others ;  andl 
by  the  39  Articles  fet  forth  in  Queen  EUzabjtii^A 
Time;  and  by  the  Articles  fet  fonhat  Liimbeth^h\ 
the  Doflrine  of  the  Church  of  £wf/<iB'^i  which  J 
King  Jamei  fent  to  Don  and  tole/md,  as  tt^ 
Truih  profefsM  here. 

'  i-'ijlfyi  By  his  Majefty's  Declaration  and  Pr(|- 
clamation  to  maintain  Unity  in  the  fettled  Relijgi'c^T 
as  appears  by  liis  Proclamation,  and  oihet  Courm 
tending  that  Wjy ;  which  are  pervcrwd  an<J  abus  4» 
to  the  Rain  and  Subrerlion  of  Religion,  wili^ 
breed  a  Fear  of  Innovation :  As  alfo  by  the  Prefct- 
ments  which  fuch  have  received  fince  the  laftPfig- 
liament,  who  have  heretofore  taught  contrary  to 
the  Truth.  Then  CL/nlider  again  for  what  Oi^^f- 
AH  thofe  Men  have  btcn  countenanced'  ^nd  ad- 
vanced, what  Pardons  they  have  had  foe  falfc  Doc- 
trines, what  Mjr.ncr  of  Preaching  hath  been  lately 
before  the  Kinj^'s  Mijeflj,  wha  Suppre^JJo 'of 
Books  that  have  been  Mri'iuit  aaairift' ih(;ir  £)oc- 
trincs,  and  wha[  pLrmitlii;^  cf  fuch  BGobMhaye 
been  wiiilen  for  [hem.  .  ,  '. 

'  Tfee, 


Of    ENGLAND.     i6i 

*  Thfe  Ways  |>ropounded  for  Rcrhedy,  it  is  the  An.4.charicsi. 
Duty  of  t!ie  Parliament  in  geifieral,"atjd  of  each       '^*^' 
Chriftian  in  partictifar,  ro  follow:  And  howfoeyer 

it  is  alledg'd,.  that  the  Parliament  arc  not  Judges  in 
Matters  oF  Faith,  yet  ought  they  to  know  the 
ettablifli'd  arid  fundamental  Truths,  and  the  con- 
trary  to  tiiem  ;  for  Parliaments  have  confirmM  Afts 
of  Qenctal  Councils,  which  have  not  been  received, 
tintill  they  have  been  fo  authoriz'd ;  and  Parlia- 
ments have  enafted  Laws  for  Trial  of  Heretics 
by  Juries. 

•  •  The  Parliament  punifli'd  the  Earl  of  EJfex  for 
countenancing  of  Heretics ;  and  there  is  no  Court 
can  meet  with  thefe  Mifchicfs,  but  the  Court  of 
Parliament, 

^  The  Convocarioh  catmot ;  becaufc  it  is  but  a 

'Provincial  Synod,  only  of  the  Jurifdidion  of  Ccn- 

hrbury ;  and  the  Power  thereof  is  not  adequate  to 

the  whole  Kingdom ;  and  the  Convocation  of  liri 

may,  perhaps,  not  agree  with  that  of  Canterbury* 

*  The  High  Commiflion  cannot ;  for  it  hath  its 
Authority  deriv'd  from  Parliament,  and  the  Deri- 
vative cannot  prejudice  the  Original  ^   the  Judg- 


Seymour.  *  If  .Religion 
Rule  to  all  our  Adlions,  what  Policy  can  we  have? ' 
if  God  fight  not  for  us,  ind  in  our  Battles,  the 
rtelp  of  Man  isin  vain.  The  Caufe  of  our  De- 
feats is  our  Defedls  in  Religion,  and  the  Sins  of  I- 
dblatry  and  Popery.  PapifJs  increafe  more  now 
than'  ever,  neither  do  thev  want  their  Priefts  and 
Mafles :  Nay,  his  Majdly's  Name  is  usM  to  flop 
Prcfceedings  againft  Papifts,  and  that  fince  thclaft 
Parliament  i  contrary  to  his  Majefty's  Goodnefs  and 
pubjicrk  Profeffidns;  nay,  to  his  6wn  Proclamatfons 
and  Iilftfuftictis  to  the  Judges;"  and  whatroevcr  is 
done  in  the  Countiy  is  undone  above.* 

Sir  kchert^Philips.  •  I  hold  myfelf  much  bound 
to  thofe  Gentlemen  that  firft  fet  ihis  oh  foot;  if 
any  Man' be  fo  zealoufly  iranfportcd  in  this,  it  isfor 
his  Religion/  let  that  excufe  him. 

*  Two 


fSL 


>64   7/i£  BarliamentiryHiSTOxr      ^ 

itmJIg^mk^f  T  wo  Sedg  are  damnably  aqit  in  to  undermine 
••'*  JK^gaad  Kingdom,  if  not  now  prevented  ;  (he 
^eanlient,  Popery,  iheoiher  d^w,  Armimatiijki. 
?iVhat  Mifary  befell  the  Jews  when  ihey  broke  iheit 
Pcicc  vviib  God?  What  haih  blafled  our  Defigns 
lince  [hefc  Herefies  crept  in  ?  Have  wc  not  "ftill 
tuin'd  the  iiack  upon  out  Enemies?  1  atn  afraid 
that  God  fiileih  in  the  Council  of  our  EneniMfa- 
gainft  us.  Doih  not  God  plague  us  with  Enemies 
ai>ruad,and  Deftruition  at  home'  We  are  become 
ihemoft  contemptible  Niition  in  the  Worid;  Arc 
not  our,  Miferies  and  our  Croiies  daily.  iniI'Me'd  ? 
Wjtli  Grief  do  Icxprels  that  fatal  perilhing  of  the 
late  hopeful  Prince  of  5ii^w/a ;  !ct  ushunible'fiur- 
feWes  bcfLite  God,  by  fading  and  Prayer,  thiit  we 
may  bring  him  again  into  Euglanii  to  go  before  mir 
Armies,  and  thai  Gud  may  trown  our  Aftious 
and  tileii  our  Counfels.'  )  i-.r  - 

The  fame  Day  a  Petiiioii  was  exhibiied  IgaJMf  <^H 
One  Lev-'ii,  t)ii[,  about  the  isih  of  iJr«m*#f-l«ft,-  TJ 
faid,  ne  Dt-z'i!  takt  theParliament  j  which  was"  i- 
vow'd  by  two  Wuneflcs:  And  tho'  it  was  fpokcn 
out  of  Parliament  i  yet  it  was  lefulv'd  to  be  :in  Oj"*' 
fence  unto  the  Pailiament,  and  tc  was  ordti'd  "he 
fhouldbefcntfor.  ■     - 

Sir  Nashamd  Sid  tendered  n  Petition  concerning  " 
the  Faft ;  whereupon  it  was  oracr'd.  That  aGon- 
fctMice  fliould  hcdt/ir'd  w  ith  the  Lords  about  ihePe- 
litiori  for  a  Faft,  who  delir'tl  to  join  with  Uie  Lowjt 
HouJe ;  and  thereupon  it  was  preferr'd  lo  the  'Kiwg 
accordinj;;ly,by  iheArchbiftiopaf  32r*,  inihcNsnft  '  ^ 
of  .ticuh'Houles,  in  ibefs  Words  following,  viz.  ■  '  ^M 

^^  ji'lojl'Gr/icimScpircisn,        .     .  V 

■  tTp«  Petition  of'  TTisihe  hearty  and  earn  eft  Defire  of  usyour 
Mh  Houfafor'  I  ■jjtofl.  duiifulSufejeftB,  tht  ^iords  Spirtiu'ai'BOd 
ifsfl.  *  Temporal,  ;uid  Commons  in  .this  prefent  Parlia- 

*  mem  row  aiiembled'(.ihf>[  chfe  ear  Mestrag  may 
'  be  ;(ijiU)H_.v!iily  [jlefa'd  wiih^^U.Hjppiaefi  iD'.tiie,, 
'  grc-a,^  AiFiirE;,Hf  GlJOJcJi'anii  &Mte,  upqn  whjch' 
'  ,i' ^.*K J,^ Vp"/^^ »  ^Ui-iii-lwi  J;'«,^.fi5pr,Ungcf: 
,  ij  *  ■  '  fi*flding 


*  flanding,  both  of  your  Majefty'sGoodncfs  to^s,*n.4.Ch»]wi. 
'  and  our  faithful  and  loyal  Hearts  to  your  Ptr-       •*^*- 

*  fon  and  Service  (all  Jealoulies  and  Diftraftions, 
'  which  arc  apparent  Signs  of  God's  Dirpkafure, 
'  and  of  enfuing  Mifchiet^,  bein^  hid  afi4e  and  re- 

*  movM)  there  may,  in  this  Scffion,  and  for  ever, 

*  be  a  perFedt  and  cnoft  happy  Union  and  Agree- 
'=.incnt  between  your  Majtfty,  and  all  the  Eftatcs 
f, of  this  your  Realm:  But  humbly  acknowledg-  ■ 
*.  ingt  that  neither  this,  nor  any  other  Elefling  can 
'  be  expedled  without  the  fpecjal  Favour  of  Al- 
'  mighty  God;  and  having  (upon  the  Obfervalion 
'  of  ihe  Continu'd  and  intrcafing  Milerics  of  the 

*  Reform'd  Churches  abioad,  whole  Cafes  with 
'  bleeding  Hearts  we  do  commifcrate;  as  Iikewife 

*  of  the  PuniQimetits  already  inflidted,  and  which 

*  are  likely  in  great  meafure  to  fall  upon  ourfelves) 

*  juft  Caufe  to  conceive,  that  the  Divine  Majefty 
'  is,forourSins,exceedingly  offended  with  us:  We 

*  do  in  this,  and  other  pious  Refpedls,  moll  dear 
'  Sovereign,  humbly  befeech  your  Moll  Excellent 
'  Majefty,  That  by  your  Royal  Command,  not 

*  only  ourfelvcs,  but  alfo  all  the  People  of  this 
*.  your  Kingdom  may  be  fpeedily  enjom'd,  upon 
'•  lome certain  Day,  or  Days,  by  your  Majefty  to  be 

*  pteEx'd,  by  publick  Fafting  and  Prayer,  to  feek 

*  .-Reconciliation  at  the  merciful  Hands  of  Almigh- 

*  ty  God  i  fo  as  the  Prayers  of  your  whole  King- 
'  dom,  join'd  with  your  Majefty's  Princely  Care, 

*  and  ibe  faithful  and  heany  Endeavours  of  this 

*  -great  Council  now  afiembled,  may  piocure  Glo- 

*  ly  to  Almighty  God  in  the  Prefervation  of  hia 

*  true  Rehgion,  much  Honour  to  your  M&jefty, 
'  Profperity  to  your  People,  and  Comfort  to  all 

*  your  Majefty's  Friends  »nd  Allies/ 

To  llus  tl«  King, gave  the  folIowirg-Anfwclr  L. 
My  Lords  arid  Oentlemen, 


THE   cUfftfl  -KUHve  of  ytur  Ptlitian,  jting  /^'fTheKinj 
u/filsral'/e  Rfia^-i-  of  ihtRffot'v'dChttrtbtta-i'^" 


i 


^^  a66    The  Tartia^gfitafy  Hi  s  tor  y 

*n,  vOisrlrtl.d'  /J«A,  »  taghtthm  all p^blt  Help:  y*t  etr- 

j«il.       tfli't^  Fighfiiig  toiU  d>  them  mere  Godd  than  Fei^ng. 

Tbt'  Idtim  wbslly diliitttw  tht latttr,  yet' l^Jf-tfU 

m yatt,   that  ibt  Cu/Ism  »f  Fb/ling  tvtry  SeJRbn  is  ffh 

^^H  laieljbtgun;  ei<i,  I  cenfffi,  I  am  net  fa%  fctiffitd 

^^H  vjnh  ihi  i^eieffiff  ffii  at  this  Ttmr ;  -yft  tsjhtwym 

^^H  hnv  fmcathlj  t  drfire  yaut  Bii^ne/s  tago  on,  ep-hricirtg 

^^H  g!  much  ds  I  (an  ^ijions  tr  Jraianfiev,!  d»  -wiSmg' 

^^H  ly  grant  your  Rtfie/ls  herein',    but  with  t^j  Nirty 

^^^  7het  lexpeif  that  ibis  fiiall  nut  hetctifttr  ie  brsug^ 

^^'  into  a  Preudent  far  frequent  Eijli,  except  lipsu  great 

Ottafmii ;  and,  far  the  Form  and  tme,  I  tvill'  a'livrfe 
wilh  rty  Lfrdi  the  Bijhapi,  and  then  fend  a  piirtUttiar 
Anjwertoboth  Hiujh.  ' 

Mr.  Pym  came  from  ilie  Committee  for  Religi- 
on, and  made  a  Motion  about  the  Rcmonftrance  of 
laft  SeflioB,  concerning  that  Part  which  roircheth 
Religion.  And  the  Clerk  of  ihe  Houfe  anfwir'd, 
Tbrti,  by  Command  from  the  King,  he  deliver*d  i[ 
to  the  Lord  Privy-Seal.  And  fo  the  Committee 
proceeded  no  further  therein. 

__^  Secretary  Coaie  deliver'd  a   Meflage  from  iIk 

"The  King's  M«r.  King,  '  That  his  Majcfty,  underftanding  that  the 

fiFi^h.drnihet  Remonftrance  was  call'd  for,  to  take  awayafl 

u     iDuuEcrt  Q|^n.fl.[^,ns,  Commanded  liim  to  deliver  it  tothp 

I  *  Houfe:  But  hopeihyou  will  proceedwithTurt- 

I  *  rage  and  Poundage,  and  give  Pfecedency  to  that 

I  *  Bulinefs,  to  give  an  End  to  further  Difpure  bc- 

■ •  twccn  him  and  fome  of  his  Subjefls;  or  elTc  lie 

^^H  '  fiiall  think  his  Speech,  that  was  with  good  Ap- 

^^B  *  ptaufe  accepted,  bad  not  that  good  EBeift  he  ex- 

,    -  Hae  Sir  Salter  Earle  made  a  Speech  upon  the 

™4  [-'""^^  Occafion  of  Mr  Secretary  Cti^ke't  declaring,  *  That 
¥.iiii  iciinioDi  *  hisMajcfty  expeflcd  that  the  Houfe  ft ou Id  give 
*'""^"'"'        *  his  Bulineis  the  Precedency,'  iis  followcth  : 

*  lamdf  Ihe  Number  oFtbofe,  tliar,  at  our  lail 
Meeting,  thought  the  Time  bell  fpent  in  vin- 
dicating (bote  Rtohls  and  I-iberiics  of  the  Subjetl» 
which 


I 


x;vhich  had  formerly  been  impeachM,  and  wcfc  then  An.  4.  Cbgria  t. 
in  moft  immmetit  Danger;  and  in  that  refped;  ><«<• 
thought  it  not  ami(3  to  poftpone^  for  a  while,  the 
Bulkieft  of  Religion^  as  a  Thing  that  rather  concern'd 
th^  WeiM)eing,  than  the  Being  itfelf  of  this  King- 
dom and X^omaionwealth ;  Religion,  Without  tbs 
O>mtnonwealth,  being  as  an  Accident  without  a 
Su^a>  or  a  Soul  whhout  a  Body.  Now  give  mc 
Leave  to  tell  you,  that  Religion  otkrs  itfelf  to  your 
firft  Confideration  at  this  Time,  challenging  to  hci*- 
felf  the  Right  of  Precedency,  and  the  Employment 
of.  our  beft  Endeavours ;  that  as  it  was  then,  UH 
JDolor  iH  pigitus^  it  may  be  now,  Vbi  Jm^ribi  O- 
cuius.  But  let  no  Man  miftake  me,  as  if  I  were  left 
fenfible  of  the  Violations  of  the  Subjefts  Liberties 
fev^  fince  the  laft  .Sjffion)  than  any  Man  elfe  that 
its  here,  whofocver  he  be.  No,  Mr.  Speaker;  I 
kiiow  full  w^l,  that  the  Caufe  of  Juftice  Is  (jod^s 
Cauie»  as  well  as  the  Caufe  of  Religion :  But  what 
Goodwill  thofe Rights  and  Liberties  do  mc,or  any 
Man  elfe,  that  refolves  to  live  and  die  a  Proteftant  i 
Nay,  what  Good  will  they  do  any  Man,  of  whart 
Religion  foever  he  be,  thatrefolves  to  live  and  die  a 
Freeman  and  not  a  Slave ;  if  Popery  and  Armima^ 
mfrn^  joining  Hand  in  Hand  a8:they  do,  foe  a  Meanfty 
tog)9ther  with  the  Romifi  Hierarchy*  to  bring  in  a 
Spani/b  Tyranny  amongft  us ;  under  which  thofe 
Laws  and  Liberties  muft  of  Neceflity  ceafe  i 

^  In  the  Point  of  Religion,  you  &e  what  hath 
been  done  fince  the  laft  Seflion ;  what  Declarations 
.  have  been  made  5  what  Perfons  advanced ;  what 
Truths  eftabliftied ;  nay.  Laws  coofirm'd  by  Sy* 
nods.  National  and  Provindal,  have  been  called 
in  queftion,  and  that  in  fuch  a  Manner,  as  the 
like  before  hath  fcarce  been  heard  of.  Well,  how 
others  (land  affedled,  I  know  not^  but,  for  my 
own  Part,  that  which  for  an  undoubted  Truth 
I  have  from  the  Church  of  England  heretofore 
received^  that  will  I  ftand  to ;  and  fprego  my 
Eftate,  my  Liberty,  yea  my  Life  ilfdf,  mh^t 
than  forego  it. 

*  As 


9.6^  The  Parliamentary  Hist 07.Y 

r^CV)<*>-     '  Asfor  patlingof  Bills,  TettihigRevenuea,  and 
the  like,  without  fettling  Religion,  I  mull  con- 
/efs  I  h^ve  no  Heart  to  it:  Take  away  my  Reli- 
gion, you  take  away  my  Life ;  a^d  not  only  mine, 
but  the  Life  of  the  whole  Suie  and  Kingdom, 
For  I  dare  boldly  fay,  Never  was  chcie,  in  the 
Point  of  Suhliftancc,   a  moie  near  Conjunction 
between  Matter  of  Religion,  and  Matter  of  St%^  ~ 
in  any  Kingdom  iti  the  World,  than  there  is  "J 
this  Kingdom  at  this  Day.     Therefore   let   tn 
ihat  J  fay  Jink  a  little  into  your  Cjnlidcratipi 
and  let  mc  put  you  in  Mind  of  a  Siyiog,  woFtu 
to  be  confider'd,  That  Humana Confilia  ca^igantHl, 
ubiCccltliibuifiprisferunl ;  whenHumaaCjuivKH 
ihrufl  ihemfelves  in  before  Divine,  a  [hou^ind^jfj 
one  but  ihey  arc  feverely  puniflied.     Bi 
hold  ourfelves  to  this  Method  by  me  now  pcpjx 
unto  you,  doubtlefs  that  God  which,  beyond  otSra 
Expedations,  brought  us  thro'  ihofe  maiA  ^C^fl 
ficulties  the  lad  Setlion,  will  not  be  wanting  bfl 
us  in  this  Particular,  that  fo  much   coticerns  ma" 
own  Glory:  However,  let  us  do  our  Endeavours* 
and  leave  theSuccefs  to  him.     The  Sum  of  all 
that   I  have  faid  i:nio  you  is  this;   of  all   tjie 
Bulinefles  that  are  now  before  you,  whatfoever 
ihey  be,  let  Rehgicn  have  the  Precedency.' 

Mr.  Caritcn.  '  Let  us  not  do  God's'  Bufinera 
negligently:  We. receive  his  Majefty's  MeCdgc 
with  all  Duty  ;  for  cur  Proceeding^,  let  us  fo  pro- 
ceed, as  may  fooneft  conduce  unto  hia  MaJMj'a 
Defircs.  Religion  concerneih  the  King  as  weUas 
us.  The  Unity  of  this  Houfc  is  Uveei,  cfpecrauy 
in  God's  Caufe.  Let  us  try,  and  try  agjin  for  thu : 
Let  U3  be  refolved  into  a  Committee,  and  preieny/ 
deba[e  iherfof.*  ^ 

S^.v'Jshit  Elliet.  '  Sir,  I  have  always  loEjf^rved 
in  the  Pioceedingn  of  ibis  Hoofe,  our  beft  AdirMi- 
idge  is  irl  Order  i  ajid  I  was  glad  when  that  Noble 
Genilematii  my.  Countryman,  gave  Occafioii,  to 
^ay  our  Proceedines  i  fori  fear'd.it  ^vouU  bave 
cijired  us  into  a  Sea  of.  Confu[:oii  a:id  Dilb»}cr. 
"And  nowtevhig'Occaliontopicient  my  T' 
■f  W  *::.flj  •    ■    .v-  "  ■■■' 


—  -   1 


o/.E  N  Q  l;a  k  d:  '  hsp 

to  you  in  this  fereat  and  ^e^ty  Bufincfe'of  Religion,  Aa.4.  charici  t 
I  fliall  be  bdid  to  -givie  &  fliort  Exprcflion  ot  cqjf  '^• 
dwn  AffciStion;  and  in  that  Order  that,  I  hope,  wiU 
ttrnducebblttb  fh6  effeSitig  of  that  Wofk,  and  di- 
reft  our  Labour  to  an  End.  To  enter.  Sir,  into  a 
partiCUfar  I^fquifitiori  of  the  Writings  and  OpinN- 
on^of  't)lvlrtes^  I 'fear  it  will  involve  xxs  in  a  La- 
byrihtfi  that  vi'e  fhall  harfflygct  out  of ;  and  perchance 
hinder*  that  Way,  and  darken  that  Path  ip  which 
wis  mul!  tread.*  Before  we  know  what  other  Men 
hivt  declared,. it  isneceiikry  that  we  (hould  prefent- 
iy'iay  ^wn  what  is  Truth.  And,  as  I  prefume, 
we;  camfe  pot  hither  to  difputc  of  Religion, .  far  be 
that  from  .the  Thoughts  of  that  Church  that  hath 
ibJong'Tlmeconfefs'd  it,  now  to  difpute  it.  Shall 
twenty  think  ^e  have  enjoyed  our  Religion  four- 
ifcpre  "Years  almoft,  and  are  we  now  doubtful  of  the 
Dfefence  f  God  forbid.  It  may  be,  Sir,  and  out  pf 
forae  Things  lately  delivered  I  have  not  unneceflk- 
rily  colleScd,  that  there  is  a  Jealoufy  eonccived,  as 
if  we  meant  fb  to  deal  with  Matters  of  Faith,  that 
did  hot  perhaps^belong  unto  us,  as  to  difpute  of  Mat- 
ters of  Faith.  'It  is  out  Profeffion  ;  this  is  not  lo 
be  difputed,  neither  will  that  Truth  be  receded  from 
this  long  Time  held :  Nor  is  that  Truth  decayed  ; 
it  is  confirmed  by  Pariiament,  becaufe  it  was  Truth.  - 
'  Aiid  this,  Sifi  before  I  come  to  deliver  myfclf  more  • 
partrqilarly,  pv*'  me  Lisave,  that  -have  not  yet  fpp- 
kcri  in  thfs  great  Cauie,  to  pve  fdme  Apprehen- 
Hoit  I  have  bf  Fear  j  for  it  isnpt'in  the  Parliament 
to  make  a  tew  Religion,  neither,  I  hope,  fhall  ic 
be  in  any  to-after?  the  Body  of  that  Truth  which 
'  we'now  profefi.  I  aiufl:  confels.  Sir,  amongit  all 
thofe  Fears  we  have  contrafted,  there  arifeth  to 
mt,  not  one  of  the  le^ft  Dangers  in  the  Declara* 
tibn,  which  is  made  and  publUhed  in  his  Majefty'a 
Nim^i  and  yet.  Sir,  this  Conclufion,  exdufively 
let* me  fay,  that  I  may  not  be  miftaken,  whatever 
in  this,  or  other  Things,  fliall  appear"  to  niaks 
Mention  of  his  Majefty,  we  have  not  the  leall  Su- 
fpicibn or  Jealoufy  of  him.  We  have  that  Com- 
fort in  his  Piety  and  Goodncfs,'  as  if  there  be  any 

Mil- 


An,4.CT.Mkii.Mirprifiongr  Errorjl  hop«  it  isby  thgfe  Mipifters 
i6is.       about  him  ;  which  not  only  he,  but  all  PiiQces  are 
tubjcft  unio. 

•  And  10  clear  ifiis,  that  Princes  are  fubje£l  tft, 
Mifinformation ,  and  many  Aflions  may  be  jutlified !  I 
in  ihcir  Names,  when  there  is  no  Sufpicioo  of  it'. I 
to  be  done  by  themfelves ;  give  me  Leave  to  loofc  I 
hack  into  Precedents  of  other  Timcs>  and  what  t'^  I 
find  written  in  thofc  Stories  may  lie  ufeful  in  this.,  I 
Aatiothus,  of  jf/ia,  fent  his  Letters  miffive  to  his  Pro-,  J 
vJBces,  £^t.  that  if  they  received  any  Difpatches  iai';  ■ 
his  Name  not  agreeable  to  Judice,  Jg/iM  fe  rf/ffdt.B 
ffftfiriptas,  ideoque  eli  nm  panrmt ;  as  I  find  by;^! 
Plutarch  of  the  Gnat  AntiaJius  of  Jjia,  who  faith,  9 
That  Princes  ate  obnoxious  to  Abufesof  Minillersa  1 
and  it  could  not  at  all  Times  be  prevented  ;  an*.  J 
iherefore  he  fcnt  Meilengers  and  Letters  to  all  hi»^  I 
Piovinccs,  that  if  there  were  any  Letters  or  Difr^  I 
patches  fent  uui  in  his  Name,  that  came  lo  ihenif"  m 
liiat  were  not  warrantable  by  Law,  and  agrecablq  J 
lo  Juftice,  it  (hould  not  be  conceived  to  be  don^"  I 
by  him  ;  and  therefore  [hey  (hould  not  give  way'.  1 
Luii.  Sir,  I  ii^d  it  in  anothei'  Boot,  and  I  befeech  1 
you  kt  it  be  rightly  apprehended,  for  I  hope  I  (hall, .  1 
becltacirom  Mifprilions;  Cratian^iA  not  only'.l 
rote  and  confeli  the  fame,  but  added  the  Reafons  ,  I 
alfo;  whicb.ihc  Matters  of  the  Civil  Law  can  te-t,  •! 
llify  from  their  Books,  wherein  it  is  lhusexpreired»'.^| 
i^id,  inveruurida  Pmenliiim  h/Jligaimet  Prini^ct.fM 
Jitpt  tmbu'itur  at  non  anctdenda  ianudanlj.  *  Be-  «1 
'  caufe  that  many  Times,  with  the  Importi^nity.iJ 

*  of  Minifters  and  thofe  about  them,  Princes  are  3 

*  drawn  10  giant  Things  not  iit  to  be  granted  by  JJ 
'  iliem.'  As  it  was  in  that,  fo  it  may  be  in  this.  1,,J| 
fpeak  it  to  this  end,  to  draw  it  to  this  ConcIii!ioH,'^T| 
That  if  there  beany  Thing  that  carrieth  the  Title  of  ,',,t| 
his  M;ijclly,  it  may  be  the  Fault  of  his  Minifters ;"  ii 
tar  be  it  from  me  to  have  Sufpicion  of  him.  And'-  Jl 
now  10  that  Particular,  in  that  Declaration ;  whercr  j 
in.  1  confejs,  with  me,  is  an  Appreheofion of  more  1  j 
Fear  ilian  Uuvecl  all  the  reft;  for  in  the  laftPar-'  U 
ticulars  wc  heard  what  is  faid  of"  Pspcry  and  /frrni-'  H 

nianijin.      I 


,0/    Et^,  gland.      271  ■ 

manifm.  It  is  true  our  Faith  and  Religion  is  in  An.*,  chnfei. 
panger ;  but  it  is  by  Degrees.  Here,  Sir,  iike  an  >*»<• 
Inundation,  it  doth  break  in  at  once,  that  we  are 
in  Danger  to  be  ruined  and  overwheimed  i  for, 
I  befeech  you  mark,  the  Ground  of  our  Religion 
iscontained  in  theie  Articles,  If  there  be  any  Dif- 
ference of  Opinions,  concerninglhe  Senfeand  In- 
terprelation  cf  them,  ihe  Biftiops  and  Clergy,  in 
CpnvQcaiioh,  have  a  Power  admitted  to  them 
to  do  any  Thing  which  fhall  concern  the  Con- 
tinuance and  Maintenance  of  the  Truth  profelled : 
which  Truth  being  contain'd  in  thefe  Articles,  and 
thefe  Articles  being  different  in  the  Scnle,  if  there 
be  any  Difpute  about  that,  it  is  in  them  to  order 
which  Way  they  pleafe  :  And  for  ought  I  know, 
Ptpeiy  and  Armnianifm  may  be  a  Senfe  introduced 
by  ihem,  and  then  it  muft  be  received.  Is  this  a 
flight  Thing,  that  the  Power  of  Religion  muft  be 
drawn  to  ihe  Perfons  of  thofe  Men  ?  I  honour 
their  Profeffion,  and  honour  iheir  Perfons;  but 
give  me  Leave  to  fiy,  the  Truth  we  profels  is  not 
Men's,  but  God's  i  and  God  forbid  that  Men 
Ihould  be  made  to  judge  of  that  Truth.  Look 
upon  the  Conclufion  they  have  made,  and  from, 
thence  I  draw  their  Argument.  I  remember  a. 
Character  I  have  feen  in  a  Diary  of  Ediv&rd  VX;.' 
that  young  Prince  of  famous  Memory,  wherein, 
he  doth  cxprefe  the  Condition  of  the  Bifliops  anil. 
Clergy  in  his  Time,  and  faith,  under  his  own,. 
Hand-Writing,  '  That  fome  for  Sloih.  fome  fo( 
'  Ignorance,  fome  for  Luxuiy,  and  Ijjine  for  Po-. 
'  pery,  are  unfit  for  Difcipline  and,  Governincrrt.' 
Sir,  I  hope,  it  is,  not  fo  with  us:  Nay.  give  m^ 
Leave  lo  vindicate  the  Honour  cf  ihpic  Men, .that* 
openjy  fliew  iheir  Hearts  to  the  Triith,  "  The(s. 
are  amongft  our  Bifhops  lijch  fls  aje.fic  to  bptr 
made  Examples  to  all  Ages  i  whofliinein  Vij,ti«v,  ; 
like  thofe  iwo  faithful  Wimefies  in  Heaven,  ,pr. 
whom  we  may  ufe  that  Eulogy  which  5f.i«J  dt4 


of  Calm;  That  to  their  Mlt 


[^niofiei 
f  hii  quiitm  sbfltt  gucd  ne/lrit  TemPoribi: 
fyft  i^()^  10  whgle  Memory  and  Mciil  I  in. 


and  Merits, 


^P  272    77jf  Parliamentary  Hist OKT 

*n-^aMi*l-tbe  Styiogt  That  the  otbrrs  VviUa  art  no  Prejodicc 
to  ihcir  Vinua  ■  w[k>  are  lb  tndulirious  in  their 
Wofka,  ibat  1  hope  Pofteriiy  {hall  fcnow  there  are 

I  Men  tbat  are  firm  for  ;he  1  ruth.     But,  Sir,  that 

all  now  aic  not  lb  ftee,  found  and  onhodox  in 
Keligioi)  as  ihe;'  ihould  bci  witnels  [he  Men  com- 
plain'd  of ;  and  you  know  what  Power  they  have : 
Witnefs  thole  Men  nominated  lately,  Mr.  Meun- 
tague,  itc.  I  reverence  the  Order,  I  hotiour  not 
the  Man :  Others  may  be  named  as  bad.  I  appre- 
hend fuch  Fear,  that  thould  it  be  in  their  Power, 
we  may  be  in  Danger  to  have  our  whole  Reii^on 
overthrown.  But  i  give  this  for  Teftimony,  and 
thus  far  do  exprefs  myfelf  againft  all  the  Power 
and  Oppufition  of  thefc  Men;  or  whenfoever 
any  Oppofuion  (ball  be,  I  tmft  we  ftiall  maintain 
the  Religion  we  profefs,  for  in  that  we  have  been 
born  and  bred  ;  nay,  Sir,  if  Caufe  be,  in  ihac  I 
hope  10  die.  Some  of  thefe.  Sir,  you  know  are 
Mailers  of  Ceremonies,  and  they  labour  to  intro- 
duce new  Ceremonies  in  the  Church.  Some  Cere- 
monies are  ufefui :  Give  me  Leave  to  join  in  one 
that  I  hu!d  neceflary  and  commendable.  That 
at  the  Repetition  of  the  Creed  we  fhoitid  ftand 
up,  10  teftify  the  Refolution  of  our  Hcaris,  that 
we  would  defend  that  Religion  we  profefs;  and  in 
lome  Churches  it  is  added,  that  they  did  not  only 
ftand  upright  with  their  Bodies,  but  with  their 
Swords  drawn :  And  if  Caul's  were,  Ihope,  to  de- 
fend our  Prince,  Country,  and  Religion,  we  fliould 
di3w  our  Swords  againft  all  Oppofers. 

'  TTiis  I  fptak  out  of  the  Care  1  have  to  main- 
tain the  Honour  of  our  King  ngainit  thofe,  who, 
1  fear,  by  ihefe  Innovations  of  Religion,  may  have 
Ibughr  to  undermine  t(.  But,  to  come  to  the  Man- 
ner and  MccboJ  of  our  Proceedings,  having  made 
this  Excurfion,  (wherein,  if  I  h«ve  tranfgrels'd  the 
Rule  propounded,  1  crave  Pardon)  I  defire,  10 
the  End  we  m*y  avoid  Confufion  and  Diltrac- 
tions,  that  We  may  go  prefcnily  to  the  Ground 
of  our  Religion,  and  lay  ihat  down  as  a  Rule  on 
which   all  may  reft:   Tbac  when    that  is 


.Of    EN,  G.i,,AN>D      irS  " 

it  will  be  Time  to  taJct  into  oi*r  CoDltdemcion  thc-A*''4-ct«*in 

Breaic^rs  and  Offenders  sgaiaft  this  RuJe;     But  be-       "*'*' 

fore  we  have  Jaitl  down  that,  our  Work  willbe  in 

vaia:  Therefore,  firft*  let  ue  lay  down  the  Propofi-. 

tion,  wherein  wc  differ  frum  the  j^r/niniahi,  and  in 

that  I  ihail  be  ready  to  deliver  my  Opinion;  and  - 

this  is  jny  humble  Motion. 

yan,  28.  Secretary  Cotic  brought  a  fecond  Mef- 
fage  from  the  King. 

«  His  Majefty  upon  an  Occafion  of  Difpute  JflKHretary  Cift's 

*  this  honourable  Houfe,  about  Tunnage  and  Pound-  ^'^"i  MtiTa(e. 
'  age,  was  pleafed  Co  make  a  gracious  Declaration, 

*  wherein  he  commended  unto  us  the  fpeedy  finifli- 
'  ing  thereof,  and   to   give  a  Precedency  thereto. 

*  And  his  Majefty  expels  rather  Thanks  than  a 

*  Remonftrance  ;  yet  his  Majefty  doth  not  interrupt 

*  you,  fo  that  you  trench  not  on  that  which  belongs 
'  not  to  you.     But  his  Majefty  ftill  commands  me 

*  to  tell  you,  that  he  expect  Precedency  of  Tun-        ^^^^^m 

*  nage.and  Poundage  ;  afTuring  himfelf,  that  he  hath       ^^^^^^| 

*  given  no  Occafion  to  put  it  back,  and  fo  hopcth .      ^^^^^H 

*  you  will  not  put  It  oft*.'  '    ^^^^^H 

Mr.  Long.    *  [  cannot  but  with  much  Sorrow   ,  ^^^^^H 

fpeak,  feeing  that  we  are  ftill  preQed  to  this  Point.  \  ^^^^^M 

I  hoped  thofe  near  the  Ciiair  would  have  Iruely  in->.  -  ^^^^^H 

formed  his  Majefty  of  our  good  Intentions  :  But  we.. .  ^^^^^H 

fee  how  unhappy  we  are,  for  fome  about  his  Majefty  .  J^^^^^U 

make  him  diffident  of  us. '  ^^^^^^| 

Sir  Thomas  Edmundi  (a),  *.I  am  forty  this  Houfe  ^.  ^^^^^^| 

hath  ^iven  Occafion  of  fo.  mMiy.  Me.^ages  aba^C    .  ^^^^^H 

Tunnage  and  Poundage,  after  his. Maj«fty  hadi  gi-._^  ^^^^^H 

vcn  us  fo  much  Satisfai^ion  ;  yo^  tI>^4;(XC^v¥  bja  - :  ^^^^^H 

Majefty  isfenfibleoftbeNeglet^ofhisagliael;:  We ~!.  '^^^H 

that-know  this,  ftiuuld   not  difcharg^  om  X)uties>.i  ^^^^^H 

did  we  not  perfuade  you  to.thst  Cuurfe  which  ftiould^Ll  ^^^^^| 

procure  his  Majefty's  good  Opinion  oF  you.  Your-_.T  ^^^^^H 

felves  are  Wicneftcs  how  induftrious  bis   Majefty  -^  ^^^^^| 

was  to  procure  you  gracious  Laws  in  his  Fatber'a  ^^^^^H 

(a)  Tttt.Uia  ol  tbc  Houfehold.  ^H 

Vol.  VIII.                    S                           Dip-,  ^1 


«74  ^*'  Parliamentary  History 

Jto.f.Cbi['-c>l.I>jys;  and  fmce  that  what  Enlargement  he  bath 
""■  made  of  our  Libertita  i  and  ftill  wc  give  him  Caufe 
to  rc)ieni  him  of  the  Good  lis  hath  done.  Confidcr 
how  dangeroua  it  is  co  alik^ii  his  Majefly's  Heart 
from  Parliaments.' 

Mc.  Ctriion.  '  When  Men  fpeak  here  of  Neglcil 
of  Duty  towards  his  Majefty,  iet  them  know  wc 
know  no  fuch  Thing,  nor  what  they  mean.  I  fee 
rot  how  we  neglcft  the  fame.  I  fee  it  is  aU  our 
Hearts  DeGre  to  expedite  the  Bill  of  Tunnage  and 
Poundage  in  due  Time;  ourBufmcfs  is  (till  put  back 
by  their  MelTages,  and  the  Bufinera  in  hand  is 
God's ;  and  his  Majcfty's  Things  are  ceitiinly 
amifs,  and  everyone  fees  itj  but  woe  be  unto  us  if 
we  prefent  not  the  fame  to  \m  Majcfiy.' 

Sir  Jehn  Elliot  fpoke  to  the  fame  EfFe^t. 

Wherefore  it  was  ordered.  That  a  Committee 
Ihoultl  be  appointed  to  pen  an  Anfwcr  unto  hisMa- 
jefly's  Meflages,  and  it  is  their  Rcfolution  to  give 
him  all  Expedition  in  Ills  Service ;  and  that  they  held 
it  not  only  fit  to  give  himTbanks,  but  farther  toQicw 
what  Peril  we  are  in;  and  that  Tunnage  is  their 
own  Gift,  and  that  is  to  arife  from  tliemfeives,  and 
that  they  intend  not  to  enter  into  any  Thing  that 
belongs  not  to  tliein,' 

yan.  29.  The  former  Part  of  this  Day  was  fpent 
in  debating  of  tranfporling  of  Corn  and  VIiEiuak  into 
Spain;  and  it  was  ordered,  tliat  a  Meffigc  Ihould 
ba  feat  unto  his  Majefty,  that  it  is  now  evident, 
that  divers  Ships  arc  bound  for  Spain,  and  to  defirc 
a  ftay  of  them. 

His  Majefty  anfwered,  '  That  touching  the  faJii 

*  Ships  he  would  confidcr  of  it,  and  fend  them  an 

*  Anfwer  in  due  Time.' 
After  long  Debate  at  the  Committee  for  Religion, 

itvras  refolvcd  by  the  whole  Houlc,  to  declare  their 
Refolution  in  ihefe  Words  following,  uiz. 

*  We  the   Commons,   now  in  Parliament  af- 

*  fcmblcd,  do  claim,  profcfc,  and  avow  for  Truth 
'  the  Scnfe  of  the  Articles  of  Religion,  which  were 

cflabWhed 


^^^i©f  E  N'G  L  A  *J  D.    275 

^- *  *ftAli(hrf  in  Pariiathdit  ih  the  Reign  of  our  An.4.  CBirl^I^ 

*  We«Queeh  Elizabeth^  Which  by  publick  hOt  of  the        *^*** 
•  ^'©fiut'ch  <bf  Eftgiandy  and  by  the  gerteral  and  coh- 

•^  current  Expofition  of  the  Writers  of  our  Church, 

•  have  been  delivered  to  us  5  and  we  do  rejed!  the 
^^  ftftfe  bf  the  Jefuits  and  Arminians,  wherein  thdy 
^  dHftPfroril  lis/ 


y   .        :.L.  -;: 


'1Fhe094iM?tiAPoLo6Y  for  not  paffingiheir  BUI hf 
*'"  ?fcwrfe>f  and  Poundage^  and  their  Defin  U  /r«- 

* '  1X7*"  ^^^^  '99\Mti  thefe  three  Days  received  from  j^''""i^' ^^^ 
^    W    ybufMajcfty  two  Meffages^  putting  us  inn^andPou^- 

*  Mind  of  V^tfrpfeftnt  entering  upon  theConfid^ra-agc» 
•'^Koh'iAf  ii' Grant  of  Tunnage  and  Poundage;  biit 

^  t^  lllahfter  of  pofleffing  tiie  Houfe  therewkh  be- 
^*'ittg-d?&greeable  to  our  Ordert  and  Privileges,  fo 
*thit  we  could  not  proceed  therein;  and  finding 
^  <iurfelves,  in  your  Majefty'«  Name,  prefled  in  that 
•'  Bufinefs,  and  that  we  fhould  give  Frecerfettcjr 
*'lhereuntoj  we  cjrmot  but  exprefe  fomc  fcrife  oT 

*  fioftiiw,  feariiTg  left  the  moft  hearty  and  forward 

*  AfFe6tions,'  wherewith  we  defire  td  ferve  ytour 

*  Majeft-/,  are  not  clearly  represented  unto  ypxx* 
*'  Beiides,  fuch  is  the  foUicitous  Care  we  have '  of 
^•'preferving  ourfelves  in  youf  Majefty*3  m6ft  gra- 
•'  cictte  ana  good  Opinion^  rtiat  ft  cannot  but  "brted 

*  tttucft  trouble  in  us,  whenever  we  find  Outfelvcs 
•*{ftd  rtdw  we  are)  mferCcd  to  fpcnd  that  Time  in 

*  mafcmg  our  humble  Apologies ffrom  whemfeufu- 
^  jM/'db'^rife  long  Debates)  which  we  conceive 
•'fnSg;ht  Bevcry  profitably imployed  in  the  greater 

*  Services  of  your  Majefty  and  the  Commonwealth^ 

*  '^hich;wc  did  with  all  Diligence  apply  ourfelves 

*  ojnioj  and  finding  the  extreme  Dangers'  where- 
^  with  our  Religion  is  threatned,  clearly  prefenting 

themfelvq?  to  our  Thoughts  and  Confiderations,  we 


276  'the  Tatliatnentary  History 

(il.  «Tru[l,  teturd  our  Proceeding?,   until    fomething 

*  be  done  to  fecure  us  in  tliis  main  [)oint,  which  wc 

*  prefer  even  above  our  Lives,  and  all  earthly  Thirgs 

*  whatfoevcr. 

,,■"''  And  here  vvc  do  wiih  all  humble  ThanLfuInefs 
,*,;^cknowkdge  your  Majefty's  moft  pious  Care  apd 
'•  princely  Intentions  to  Tupprtfs  both  Popery  arid 
.'^  Armijiiaiiifm ;  the  Proftflbrs  of  the  one  being  open 
VEn«n'cSi  and  the  Maintainers  of  the'  other  the 
•  '•.'"We  and  mpre  dangerous  Underminers,   of  the 

*  true  Religion  of  Almighty  God,  eft  a  bliflicd  within 
'  your  Realms  and  Dominions  j  the  Truth  of  which 

*  our  Holy  Religion,  or  any  part  thereof,  as  being 

*  fufficiently  known,  and  generally  received  of  all 

*  the  Members  of  our  Church  (except  of  fome  Schif- 

*  matical  Perfons,  who  have  of  late  Years  taken  the 

*  boldnefs  to  broach  their  contrary  and  corrupt  Offi* 

*  nions)  we  defire  fliould  not  be  called  into  doubt  or 

*  queftion,  Euthowfoever  it  hath  pleafed  yourMa- 

*  jelly  (to  our  exceeding  great  Comfort)  by  many 
'  Teftimonies,  to  declare  your  own  conftant  Refo- 
'  lution  to  maintain  the  faid  Religion ;  yet  how  yodr 
'  gracious  Purpufes  are  therein  crofled,  and  to  what 
'  amiferable  Condition  your  whole  Kingdom  islik&- 

'  ly  by  that  means  to  be  reduced,  we  fball  earneftly   ' 

*  endeavour  (as  that  which  doth  moll  nearly  concnn 
'  the  Safety  and  Profperity  of  your  Majefty  and  PeO^ 
f ,  ble)  in  fuch  fort  to  difcover,  that  the  Ruin  thereby 
'*  flircatoed  unio  both,  may  by  God's  Bleffing  bepitr- 
'"..vented,  being  moft  heartily  forry,  that  thofcOcca,- 
*\  fions  are  offered  which  do  thus  hinder  our  Proceeds 
,  *  .ipgs :  And  therefore  as  well  for  the  Dignity  and  Nc- 

..J.ceffity  of  the  Matter,  as  for  that  we  concave  it  to 
,1^  the  moft  fpeedy  and  elFeftual  way,  by  unilingof 
'*.^  our  Hearts  and  Endeavoun,  to  difpatch  all  other 

*  'jBufinelTes  of  Importance  (particularly ibofe  which 
,^'fcem  more  immediately  to  refpefl  your  Maje^'s 
/.^lofiti)  We  pray  that  our  Refoluiions  of  preferring 

^  *^ilthis  Bufincfs  before  all  othcn  may  be  acceptable  to 
_^'»j  your  Majefly,  lo  whom  in  both  the  Matter  and 

,^^,Silanner  of  our  Proceedings  we  defire  to  give  all  pof- 

,^_J'..fible  Satisfaflion.' 

Secretary 


.Of   E  N  G  L  A  N  D.    277 

Secretary  Cooke  reported,  *  That  himfelf,  and  the  An.  4.ChirU!l* 
reft  of  the  Committee^  attended  his  Majefty  upon  '*^»'^« 
Monday ;  and  he  faid.  For  my  part  I  have  ufed  all  Di- 
ligence to  do  all  the  Commands  of  my  Mafter  and  of 
ChisHpufO)  and  yet  I  find  fome  Exceptions  have  been 
taken  af  fome  Words  by  me  ufed,  when  I  delivered 
the  Bill  of  Tunnage  and  Poundage.  Indeed  I  ufed 
niany  Aifguments  in  fpeaking  of  his  Majefty  c  I  faid 
it  miich  concerned  him,  and  that  his  Majefty  much 
deiires  its  but  this  was  miftaken,  as  if  his  Majefty 
had  commanded  it,  and  I  required  it  in  his  Name, 
which  I  did  not  intend  but  to  avoid  Difpute;  and  I 
faid  not,  this  was  an  ordinary  Revenue,  but  that  this 
Tunnage  was  the  means  to  enable  his  Majefty  to  fet 
a  Fleet  t;o  Sea.  . 

After  he  had  made  his  own  Apology,  he  read  his 
Majefty's  Anfwer  to  the  Commons  Declaration,  in 
thcfe  Words  following,  viz* 

Gentlemen, 

This  Apology  being  fomewhat  longj  may  hy  rtafon  The  King'i  An- 
tbereof  require  fomeTime  to  reply  unt9  it^fmce  (as  moji  ^"^^^ 
Qfyou  cannot  but  judge)  that  this  giveth  me  no  SatisfaC'-^ 
tion-^  therefore  IJhall  give  you  fome  Jhort  Notes  tipon  it. 

I  cannot  think  that^  where  as  you  altedge  that  the 
Bill  of  Tunnage  and  Poundage  was  brought  in  xigainft 
the  Privileges  pfyour  Houfe^  that  you  will  offer  to  take 
fo  much  Privilege  from  ruery  me  of  your  Members  y  ntft 
to  allow  them  the  Liberty  to  bring  in  any  Bill  what fo^ 
tver^  tho*  it  be  in  your  Power ^  when  it  is  brought  in^ 
to  do  with  it  what  you  think  good,  And  I  cannot  ima» 
grne  jour  coming  together^  only  by  my  Power  ^  and  t9 
treat  ^  things  that  I  propound  unto  you^  can  deny  me 
ihat  Prerogative  to  recommend  or  cjfer  any  Bill  unto 
you  I  tho%  in  this  particular^  I  muji  profefs^  that  this 
Bill  was  not  to  have  been  offered  unto  you  in  my  Name^ 
as  that  Member  of-^our  lioufecan  bear  me  witnefs* 

As  for  the  Caufe  of  Delay  of  my  Bujinefs^  beinjgRi* 

Ugiony  there  is  none  (f  you  Jhall  have  a  greater  Care 

for  the  true  Przferyation  of  it  than  myfelf\  which 

fmce  it  is  -^onf^i^^by  y^uf,  Anfwer^  .you  muft,  either 

think  I  want  Pmef' (which  cannot  be)   of  that 

S3  M^^"^ 


"' 


278  The  Pariiamenfary  HisTfikY 


^Oiwlal.  /  OTn  very  HI  Muvfilted^  if  it  ht  info  much  Hanger  ai 

T/^y/  may  fay  muth  of  thh  Psint,' I  will  fif'^ 
mere,  thai  for  all  this  IJhatl  net  flop  my  Ears  ig  yifi 
Upon  tbii  Suljea,  fa  that  in  Form  and  Matter  ytu 
irenfgreji  noi  yew  Limits. 

Jisfor  Tunniige  and  Pm^tdage,  I  do  net  fi  much  Hi 
dffre  it  ofGreedintfstfthf  Thing,  being  ptrfuaded 
thai  yiu  will  make  no  great  Hop  in  it,  when  yon  once 
take  it  in  Hand,  at  out  'ofe  Deftrt  to  put  an  End  to 
ihtfe^tftioni  that  do  daily  arifs  between  me  and  fink 
ef  my  Suhjeiti ;  thinking  it  a  Jlrange  thing,  if  yeu 
Jbould  give  Ear  to  thofi  ComptaitiU,  and  not  to  take 
ibe  fure  and  fpeedy  way  to  decide  them 

Befidi-s,  I  mvft  think  itjirange,  that  this  Bufittth 
$f  Religien  Jbould  be  only  a  H'nJ  ami  of  my  Affairt'i 
v.'hereas  /  am  certainly  infermeu,  that  all  ether  X^i)iffl 
go  deccrding  to  their  srdinar'y  Caurfe. 

Therefore  I  mufl pll be  inflant  withysu,  tba/jfA 
proceed  with  this  Biijinffs  ofTwinageaadPanndagi 
with  Diligence,  net  looking  to  be  denied  in  fa  ji^  a 
Hefire  \  and  you  niuji  not  think  it  Jirange  that  if  J 
find  you  flack,  1  give  ym  fuch  further  ^ickning  « 
Jjbalifnd  Caufe.  '  ' 

^''-  Hereupon  Sir  John  Elliot  flood  up  and  ferd  f  Jftj 
■*  •  Mr.  Speaker,  I  confefs,  this  hath  given  grratStr 
tisfafiion  for  prefent  De fires  and  future  Hopes  j  afld 
Jiowfoever  I  find  the  Mifinterpretstion  of  fome,  an3 
the  Danger  of  ReliEtion ;  yec  I  find  his  Majelly's  Ears 
open,  ajid  if  thefe  Things  be  thus  as  we  fee,  that  then 
he  is  not  rightly  counfelled.  I  am  confident  wc  fliaU 
render  his  Majefty  anAccountof  whathe  expciHleth: 
But,  Sir,  I  apprehend  a  DifFerenec  between  his  MSt 
jefty's  Expreffion,  and  thofc  of  his  Miniften. 

*  Firft,  Sir,  that  Bill  was  here  tendered  in  hS 
Majefty's  Name,  and  now  we  find  his  Majtfly  dif- 
aibws  it,  that  he  did  it  not.  What  wrfing  is  this  done 
to  his  Majefty  and  to  this  Houfe,  to  prefs  Things  in 
his  Sovereign's  N^me,  to  the  Prejudice  and  Diftfic- 
Tion  of  us  all  ?  I  thiiilc  him  not  worthy  to  fit  in  this 
Houfe,  Miv  J 

^^JTlicEiIlfuur  Speeches  ID  lUiDeUle  are  onuttcd  uif^rm'i 


Of   E  N  G  L.A  N  D.     ayg 

Mr.  Speaker.     *  This  honourable  Pcrfon  did  jCX-  Aiu4,ciiayiesi 
plain  himfelf,  that  he  did  not  prefs  it  in  his  Msuefty'si         *^**' 
Name,  but  pnly  did  comsnend  it  to  yoiu^Conndcra- 
tions.*  < 

Secretary  Cooke.  ^  I  (aid^  .that  in  regard  of  tl^ 
Difference  between  his  Majefty  and  hi&  Sufcycc^ypiy 
Define; was. ;q  accommodate  it/  ^ 

Si^  tpin^riy  May,  '  If  je  be  too  quick  to.e% 
Cept  ^ainft  the  Minifters  of  his  Majefty,  that  fcrvf 
his.  Majefty  sind  this  Houle>  it  will  difcoAirage  and 
^uxf  our  Mouths,  whofe  Service  ye  daily  comfiiend^f 

Feb.  3.  Mr.  Kirion.  '  The  two  great  f^^  Bi(hc»p^ 
named,  are  the  main  and  great  Roots  of  all  tbofe 
Evils,  which  are  come  upon  us  and  our  Religion; 
let  us  inquire  what  Men  tbey  have  preferred  of  this 
Clergy,  and  fag  w.' 

Mr.  Coriton.  <  The  Declaration  now  read  came 
from  his  Majefty,  but  it  is  by  the  Advice  of  the 
Clergy  >  and  fure  diey  have  not  advifed  him  the  righ| 
Way,  that  there  muft  be  no  Difpute  of  Preachii^ 
o^e  Way  or  other;  this  is  to  fupprefs  the  Truth: 
And  yet  the  contrary  ProfefTors  are  preferred  in  the 
Church,  to  the  Gfief  of  all  good  Men*' 

Sir  Walter  Earle^  '  Mountague  is  a  principsd 
Difturber  of  the  Church ;  He  was  a  Batcbelor  of 
Divinity,  t  defire  to  know  how  he  came  to  be  a 
B^op.  Two  1\/Ien  are  named  in  the  laft  Remoa^ 
ftrance  that  are  Privy  Counfellors,  and  it  is  yeTjr 
probable,  that  thofe  Ecclefiafticcvl  Officers  did  giye 
th^t  Advice  to  the  Iting.' 

Sir  Humphry.  May^  ^  I  will  teU  you  what  I  at^ 
privy  ujoto  in  this  Point :  True  it  is^  theie  two  Mea 
were  named  in  the  faid  Remonftrance,  and  thi$ 
Point  was  before  the  King  and  his  Council,  and  th^ 
Kong  did  utterly  diflike  fuch  Niovelties;  and  then 
tbefe  two  &ifhops  being  prefent,  with  Tears  in.theif 
Eyes,  protefted  they  l»ted  the  Opinions  and  Quefti- 
ons,  and  upon  their  Confeigon,  on  their  Knees,  they 
ceoounced  tbem«  -, . 

^  -  (^)  Mountagae  ana  (laudk 


i 


aSo   TBi  PnrtiamentBrylihTottY 

brfnL  Sir  Jama  Perrott.  «  It  is  fwid  that  thefc  two 
BiQwps  were  before  the  Council  on  their  Kji«c»y  an^ 
with  Tears,  did  difdaim  the  Opinions  :  £ut  wc'.fcc 
their  Fa&,  Doctor  Laud,  BiJlio[)  of  Landotu,  entti^ 

tstined  for  his  houfhold  Chaplain  one  — — ^— — , 

that  did  difpuie  the  Arnunian  Points,  who  faid.  What 
'the  Arminiani  bold  and  write,  he  would  maintain 
and  believe.'  And  this  Sir  yamei  offered  to  juflify 
upon  Oath. 

It  was  ordered,  that  the  Complaint  againft  ^/ouM- 
iagui  (hould  be  taken  iota  Confideration^,  and  tha,ta 
Committee  (hould  make  fearch  after  Pardons  graot- 
ed  to  the  Clergy.  " 

Feb.  tf.  A  Petition  was,  at  the  firft  Sitting,  pre- 
fcred  againftDr.  C'jfms. 

Mr.  Sherland  made  Report  from  the  Committee 
about  the  Search  for  Pardon?,  that  they  had  found 
four  Pardons  fealed :  Firft,  to  Moontague,  the  Second 
to  Dr.  Cofim,  the  Third  to  Dr.  Sibihsrpe,  and  the 
Fourth  to  Dr.  Marrwaring. 

Sir  Robert  Philips.  '  If  ever  there  came  here  a 
Bufmefs  of  the  like  Confequence,  I  have  loft  my 
Memory :  If  ever  King  oi England  was  abufed  In  bis 
Mercy,  it  is  our  King.  What  Perfons  are  pardoned? 
even  the  greateft  Enemies  to  the  Church  and  State, 
that  were  flanding  under  the  Judgment  of  the  Par- 
liament, and  thsy  are  pardoned  between  Parliaments: 
If  every  Man  be  not  warned  to  fearch  this  into  the 
Bottom,  I  would  they  were ;  if  we  neglei5t  this,  we 
regard  nothing.  You  fee  Offenders  complained  of, 
Bnd  inftcad  of  Punithment,  Grace ;  the  Goodncfs  of 
our  King  is  thus  abufed.  Let  a  feledl  Committee 
confider  of  it,  and  let  the  Attorney  certify  what  is 
done  herein,  and  by  whom,  and  I  hope  we  fhall  find 
thofe  original  Inftruments  which  have  mifled  his  Ma- 

Saii-Comiiiiti-J'"^" 

^ibootP«-        It  was  ordered  that  a  Sub-Committee  (hall  have 

ns.  Power  to  fend  for  the  Records  and  Privy  Seal,  and 

other  Incidents  belonging  to  the  Pardons,  and  to 

fend    to  the    Parties,   and  to  Mr.  AitnTmy  about 

his  knowledge   herein,  and  by  whofe  InlVigation 

I  the 


the  Ffatrddn^  >;^erc  obtained ;  whidi'' wa»v:36rMi3ic-  Ao,4,«Etijcrl. 
cordinghr.  '  •^.  ,        ;..  j.  -        i«i8* 

•  Sar  *ifer^  Philips  made  Report;  Tba^he^elM;l•  sJr  Ro^rtPbi^ 
Mr.  ^/I»r«f7,  and  fbimd  him  in  tbe-St^hamhcf ,  dt^^JT 
and  acquainted  faim  with  the  Meflage.    Wlv>raB^ 

Avet^dj  That  tie  received  a  Commaaid  from  his  Ma*> 
jcftjr  in  the  lait  iongVacation,  prefently  aftec  the  End 
ipf  the  hiftSefibns,  todrawa  Pardon ;  which  hcidelay* 
ing  till  Michaelmas  Term  following,  he  met  with  the 
Bifikip  of  ChicbtJUr^  who  intimated  unto  him  his 
Majiftfty 's  Pleafure,  and  required  him  to  draw  up  the 
Piardori- 

And  Mr.  Attorney  defired  him  to  advifev  whether 
it  would  be  any  Advantage  to  him  or  no. 
*'  And  afterwards  Mr.  Attorney  told  him,  he  met 
with  a  Great  Lord,  a  Privy  Counfellor  (the  Earl  of 
'I>dffet)  who  afked  him  if  the  Pardon  for  the  Bifliop 
of  Chichejier  were  drawn,  and  defired  him  to  dif- 
^tch  it.  .    . 

'  After  this  Mr.  Attorney  faid,  *  The  Lord  Cheirltom 
fent  unto  him  a  Warrant,  under  the  King's  Hand,  to 
ccmm^nd  him  to  draw  the  Pardon,  which  he  did  ; 
Md  after  it  was  drawn,  the  Bi(hopof  ^/f^i&^^r 
£ent  to  fee  it,  and  interlined  it :  And  whereas  Mr. 
Attorney  had  drawn  the  Pardon  but  for  one,  Moum- 
tague  put  four  in  it,  viz.  himfeif,  Cojlnsy  Sibthorpe^ 
and  Mahwarin^. 

*  Feb.  5  Secretary  Cooie  brought  the  King's  Atv- 
fwer  concerning  the  Faft,  viz. 

That  it  was  his  Majejiy's  Pleafure^  that  the  FaJ  The  King'j  Aa- 
be  kepi  by  both  Houfes  rf Parliament  on  the  eighteenth  ^^""^^^^ 
:i>fljr  of  this  Infant  February  j  and  for  the  wboU  Ktng^ 
dam  we  Twentieth  of  yiL2iXz\i  next. 

^  •  Feb:  6.  The  Houfe  being  informed  by  Petition  informatian  a- 
againft  one  ^itherington,   who  had  formerly  b6«n  ^"!J^i^J^' 
jexamibed  before  the  Lords  of  the  Council  for  de-J5J^^P,o^J^J'* 

f  raving  of  out  Religion;  and  had  fince  called  theReiigo.).     ^  < 
roteftancs,'  Hereticks,  wiihing  a  hundred  of  thtir 
lOTMroatS'Cut)  and  to  one  that  had  been  aPapift,  and 
i^fP^M^jt  tqlocnirta'ourJEstli^      he  faid>  He  vould 


282  The  Parliamentary  HisTOKY 

Ad.  *■  chirltil.  be  hanged,  and  otherwifc  dilgraccd  him, 

i6j5.  Whereupon  itwas  ordered  he  fliould  be  fent  for. 

The  Houfe  was  likewife  informed,  .that  Doiaor 
Cejirts,  (a  little  beforche  had  obtained  his  Pardon)  waj 
accured  to  Mr.  yitiorniy  by  two  Witnefles  forfpeaic- 
ing Words  againft  therCing:  Whereupon  it  was  or- 
dered, that  Mr.  Jtlomty  ftiould  be  fent  to  about  it; 
which  was  done  accordingly. 

Sir  Rohert  Pht'Iipi  returned  Mr.  Aturmy'i  Anfwer, 
as  foUoweth: 
ViiK'^i-iThiitt     Sir  Robert  Philips.     •  My  Part  is  to  give  yon  an 
»X./s  AnVw«  Account  about  the  Affidavits  againft  Cofms.    Mr., 
uoceioiBgCi/ni.  Atturncj  faith,  that  one  Mr.  Heath  of  Grays-ttm 
came  to  him  about  Micbadmas  Term  laft,  and  af- 
firmed, that  Cofms  in  a  pubSick  Meeting  faid,  that 
the  King  had  nothing  to  do  to  be  Head  of  the  Church, 
and  that  he  had  no  more  Power  for  to  excommuni- 
cate any,  than  his  Servants  that  rubb'd  his  Horfes 
Heels.' 

'  The  Attorney  acquainted  hisMajefty  herewith, 
which  his  Majefty  was  very  unwilling  to  believe,  that 
he  or  any  Man  durft  lay  fo  much ;  but  conceived  that 
the  faid  Complaint  did  arife  from  Malice :  Yet  he 
charged  the  Attorney  to  make  a  careful  Inquifidon 
thereof,  and  if  it  were  ftrongly  probable,  then  he 
Ihould  repair  to  hisMajefty.  After  this  Mr.  .^/iuragr 
did  diligently  enquire  about  the  fame,  and  told  Mr. 
JiL'ath,  that  the  Matter  was  found  very  improbable, 
and  there  was  certainly  (omeMiilakein  it.  Where- 
upon there  were  two  Affidavits  made,  which  did 
fwear  it  point  blank. 

'  Neverthclels  Mr.  Atiorniy  fent  his  Letters  to  Mr. 
Dsant  and  others  that  were  prcfenE  when  the  Words 
were  fpoken,  to  require  them  to  certify,  whether 
fuch  Words  were  fpoken  or  no. 

'  Upon  their  Certificate  he  found  Varianc  e  about 
thefe  Words,  and  thereby  the  Eufinefs  was  leiTened. 
And  being  demanded,  if  he  had  any  DireSions  to  de- 
ftft  from  the  Suit  intended  in  the  Starchamber  againft 
C^fuut  Heanfwered,  No:  But  faid,  that  hecafually 
meeting  with  the  Biftiop  of  If'^inchejier-,  told  him  of 
tlip,  I^d,giifme&.  To  which  the  Bifiwp  ajjfwercd,  it 
-    '," '    WiH 


Of   EN  GLAND.    283 

will  be  nothing;  for  Klng^  one  of  them  that  made  An,4.Charlcti. 
]the  Afiidavit,  is  a  Baggage-Fellow/  ^*** 

Sir  John  Elliot,  *  It  is  our  Honour  and  Duty» 
not  to  pafs  over  thcfc  things  too  (lightly.  I  find  the 
King's  Honour  and  R}ght  too  is  tn  queftion^  that 
Kight  which  we  ?rc  fworn  to  maintain :  If  I  miftake 
not  it  is  High-Trcafon,  and  thi^  was  given  upon 
Oath,  prefented  by  the  Attorney  to  his  Majefty,  who 
gave  him  Command  to  ^examine  it,  and  then  to  cer- 
tify his  Majefty  of  it, 

^  In  ordinary  Felonies  the  Law  doth  not  allow  an 
Oath  contrary  to  the  Proceedings  of  the  King  >  but 
here  agaihft  two  Affidavits  a  Letter  muft  dafh  them 
alL  The  Attoi*ney  accjuamts  the  Bifliop  ofpf^inche- 
Jiir  with  it,  who  takes  it  to  be  but  a  Matter  of  Ma- 
lice, I  defire  the  Perfons  that  made  the  Affidavits 
maybe  fent  for,  and  examined,  and  that  Mr.  Attor* 
ney  may  anfwer  the  Matter  why  he  paffed  it  over  fo. 
41ightly,  confidering  the  Perfon  of  the  Man  in  quef- 
tlon,  who  wai  not  only  fufpefled,  but  charged  as 
criminous,  arid  orie  that  is  fo  obito^ious.' 

Whereupon  it  was  ordered,  that  the  Witnefles 
-^uld  be  fent  for. 

But  for  Mr.  Attormy  it  was  made  queftionable, 
whether  they  could  fend  for  him  or  no,  becaufe  he 
did  attend  by  Writ  in  the  Upper  Houfc.  Whereupon 
it  was  ordered,  thit  Intimation  fhould  be  giveii  to 
Mr.  Attorney  to  be  there  on  Monday  next,  to  give 
Satisfaftion  to  the  Houfe  for  his  not  Proceeding 
^qgainft  Gofms^  having  fo  good  a  -ground  for  it. 

'  FA.  7.  Sir  Daniel  Norton  informed  the  Houfe^ 
that  one  Dr.  Moore  attending  the  Bifliop  of  IFinche^ 
fter  upon  an  Occafion,  the  Bilhop  told  him,  that  he 
\oA  oftentimes  preached  before  King  Janus  againft 
Popery,  which  was  well  liked  of  then,  but  now  you 
*muft  not  do  fo.  Whereupon  the  DoSor  anfwered, 
if  bccafion  fervtd,  he  would  not  fpare  to  do  the  like 
-ftlli.  To  which  the  Bifhop  replied,  that  the  Times} 
\^ere  not  the  fame,  and  therefore  you  muft  not  do 
^'^iiow*  ^  . 

;,  Snf  'Ibihrtti^  -^qd,  "^  9y  tlHS  you  xtisf  gueCi 


284  Tiiie  P-ariia»etf^aryHiirov.Y 


■■  ^.'Ctiula  I.  that  tbU  fiifhop  had  3  Hand  in  fetdng  up  thafc  Ce- 
lemonjcs  in  Durham,  and  [hac  he  Itill  bears  gooi 
Will  towards  (hem,  labfjuring  to  make  Durham  and 
IVinchtJIer  fynonymoiu, 

'  This  T^cSis  upon  his  Majedy,  as  if  his  Ma- 
jefly  fbould  diflilce  thai  Mtnlflers,  in  their  Pleaching 
Ihtjuld  refel  and  repel  Popery.' 

Sir  yuin £//((!(  replied,  'In  this  iffieiiscontrafi- 
ed  all  the  Danger  we  fear  i  for  he  that  procured 
thofe  Pardons  may  be  the  Author  of  thofe  new  Opi- 
nions :  And  I  doubt  not  but  that  his  Majefty  being 
informed  hereof,  will  leave  him  to  the  Juftice  ofthts 
Houfe  J  and  I  hope  thofe  Exhalations  wil!  not  raifc 
any  Jeaioufy  betwixt  his  Majefty  and  us.  Lei  ^ 
Doflor  be  fenifor  to  juftify  it;  which  was  done 
cordingly. 

Feb.  g.  A  Petition  was  delivered  in  againft  tbe 
Cuftomers  Patent  of  London,  which  was  referred  to 
a  Committee. 

Mr.  Speaker-  delivered  from  Mr.  Attorney  a  Nar- 

'lation  of  his  Proceedings  in  Cojim's  Bufinefs. 

Rtport  from  the      ^'^  J"^"  ^^^'oi  reported  from  the  Committee  for 

Commitwc  re-    Examination  of  the  Merchants  Bufmefs,    how  they 

fating  CO  iht  She- had   found  Sheriff  ^(3 !!n  in  Variation  and  Contra- 

M  HI.     jj^iy^  jn  ],jg  Examination;  which  being  conceived 

a  Contempt  to  the  Houfe,  he  defired  he  fhould  be 

fent  for,  toanfwer  the  fame  at  the  Bar. 

Mr.  Goid-wii).  '  The  Sheriff  acknow'edgeth  his 
Error,  and  humbly  defired  that  he  might  once  again 
be  recalled  before  (he  Committee  i  and  if  he  did  not 
then  give  them  full  Contentment  by  his  Anfwer,  he 
would  refer  himfelf  to  the  Wifdom  and  Juftice  of 
the  Houfe.' 

This  Motion  was  ftrongly  feconded  by  Secretary 
Cooke,  the  Chancellor  of  the  Duchy,  Alderman 
Msnfon-,  Mr.  Waller  and  others;  bat  in  regard  his 
Abufe  appeared  to  be  fo  grofs,  and  that  he  had  fo 
many  times  Liberty  given  him  to  recolleti  his  Me- 
mory, and  he  being  fo  great  an  Officer  in  fo  great  a 
City,  he  had  all  the  Favour  that  could  be,  and  yet 
rejeilcd  the  faniCj  and  carried  himfelf  in  a  very  fcorn- 
fo!  maimer.  Where- 


% 


Of  TL  N-GI.  A  ND.    485 

'  Wherefore  it  was  oriy^tA  thit  he;  Ihould  be  fent  Au.  4.  chitlest 
foras  a  Pelin(}uent,  to.anfwer  at  the  Bar  the  n(^t       '^*^* 
Morntrtg.     •  .        ' 

Jones  the  Printer  ^jl  hisCounfci  were  called  iit, 
to  argue  ^r Bufinefi  df  Afouttf ague's  f  pifcopal  Con- 
firmation. ■  - 

The  Queftions  were  two : 

^  Firft,  Whether  the  Exceptions  be  legal  ?  ^o^^^'*' 

*  Stfoondly,  Whether  the  Confirmation  be  gooJ?arguei, 
T^e  laft  of  Aefe  is  the  Point  touching  wtidi  the 
Hotiie  emoined  the  Counfel  to  fpeak. 

The  CJoonfel  propofed  a  Third  Qyeftion,  What 
would  be  the  Fruit  and  EfFefl:  thereof,  if  in  Law  the 
Confirmation  (hould  prove  void  I  In  which  the  Coun- 
fel {aid  it  would  not  extend  to  make  him  noBifhop 
upon  the  point  of  Election,  but  upon  the  point  of 
Confirmation  only,  which  makes  him  punifhable^  if 
he  execute  any  thing  concerning  the  Bifiioprick.    .  . 

Sir  Henry  Martin  faid,  *  That  the  Exception 
making  void  the  Confirmation,  doth  in  Law  work 
alfo  upon  theEIe&ion,  and  likewife  make  that  void. 

Dr.  Steward  (didy  *  The  Point  of  fetting  to  the 
Advocate's  Hand  is  but  Matter  of  Form  of  Court, 
but  no  Matter  of  Law.* 

Sir  Henry  Martin  faid,  '  That  he  would  endea- 
vour to  give  the  Houfe  full  Satisfadlion ;  and  will 
fpeak  with  Relation  to  the  King's  Right  and  Laws 
of  the  Realm. 

*  The  Proclamation  at  Common  Law  fliould  not 
be  at  Bow-GxuTch,  but  the  Cathedral  Church  of  the 
Diocefs,  where  the  Bifhop  is  to  be  eleded,  and  the 
I)ean  and  Chapter  and  Clergy  of  the  Diocefs  are  to 
except,  and  not  every  one  that  will. 

*  The  Arguments  that  might  fall  thereupon  arc 
endlefi,  and  to  alter  a  Courfe  fo  long  fettled  need- 
lefs;  and  I  conceive  it  is  plain,  that  the  King  and  the 
Law  have  Power  to  deprive  him  of  his  Bi&opricji:, 
if  ]ie  deferve  the  fame:  Therefore  it. were  good  Co 
decline  this  Difpute  for  the  prefent,  and  to  feek  to  • 
remove  him.*   Which  was  allowed  of. 

"'  /if*.  Ibi  A  Bftlvjisprdfcrrecl  fof  the  ordering  of 


jS6    The  Parliamentary  HiiTD-Rr 


L 


'oi- the  Government  of  the  Summtr-fjlands.  And  an* 
thcr  Eill  was  jwcferred  to  reftrain  Abafea  ift  f '"" 
Iters  and  Magillrates. 
eiat-  Mr.  Rsltscom^\a\aet\i,  'Thai  finccthelaftCrtm- 
^6^  plaint  of  the  lireach  of  the  Liberties  of  thia  Houfe, 
his  Warehoufc  was  locked  up  fay  one  Majfey  a  Por- 
fuivant.  And  that  Yeftcrday  he  was  called  forth 
from  the  Committee  in  the  Ex*-hequer  Chamber,  and 
ferved  with  a  Subpeena  to  appearinthe  Starchamfier. 
And  fince  he  received  a  Letter  from  Mr.  Altorniy 
that  it  was  a  Miftakc  j  the  Sitbixena  was  read,  birf 
the  Letter  was  not  fuffered  to  be  read.' 

Sn  Ribrrt  Philips  (si\6,  '  You  feewe  are  matie^ 
Subjeifi  of  Scorn  and  Contempt.  1  conceirt  this  to 
be  a  Bone  thrown  in  by  them  that  feck  to  draw  a 
Cloud  over  our  Religion,  to  divert  or  interrupt  Ui 
in  the  Prefervation  of  it.  I  defire  the  Meffenger 
may  be  fent  for,  and  examined  by  whofe  Procure- 
ment this  Subpeena  was  taken  forth :  Ifthofc  that 
throw  thefe  Scorns  upon  us  may  go  unqucftioned, 
it  is  in  vain  to  fit  here.' 

Sir  Humphry  May.  '  This  proceeds  from  ftwne 
great  Error,  for  I  will  affure  you  this  never  pro- 
ceeded from  King  or  Council.  I  therefore  dcfire  it 
may  be  fearched  to  the  Bottom,  for  be  it  confidered 
that  neither  King  nor  Council  have  caft  in  this  as' 
abovcfiiid.' 

Mr.  Seldsn  faid,  *  This  is  not  to  be  rcckoneJas' 
an  Error;  for queftionlcfs  this  is  purpofely  to  afFront. 
us,  and  our  own  Lenity  is  the  Caufe  of  rfiis. 

An  Order,  that  Wewi'nf  M«,  the  Meffenger  tfcit 
ferved  the  Subpeena,  be  prefently  fent  for,  WrtC 
Haufe  i  a  Committee  of  fix  are  appointed  to  fee  thtf' 
Information  in  the  Starchambcr,  and  to  examine 
the  fame,  and  by  whom  the  fame  was  put  in  ■  and' 
they  Oia!l  Iiave  Power  to  fend  for  Pctfons  or  Records 
that  may  inform  them. 

[A  general  Order  agreed  on,  That  all  the  Com- 
mittees that  have  Power  to  fend  for  Parties,  ftall 
have  Power  to  command  any  of  them  as  they  (hall 
think  fit,  to  attend  the  Houfe  at  fuch  Times  aS  they 
think  fit. 

The 


'  Of  E  N  G  LAND.      287 

The  Privilege  of  the  Merchants  thtt  are  Planters  An.  4.  Chariest • 
here,  may  be  tiJcea  intt>  Confideration  by  this  Com-       '  *  * 
mittee,  concerning  the  Information  in  Starchamber. 

Sheriff  Al^on  called  to  the  Bar^  as  a  Definquent, 
upon  his  Knees>  faith>  <  If  he  hath  erred,  it  is  through 
want  of  Meknof  y  and  Ignorance ;  for  he  intended 
not  the  leaft  Diflik^  or  Diftafte  to  any  Member  of 
tbeHoufe.' 

Mr.  Long  moved  he  might  be  fcnt  to  the  Tower. 

Sir  Francis  Stpnovr.  *  Thtt  he  may  now  be  rc^ 
fbrred  back  to  the  Committee  to  be  re-exammecf ; 
if  then  he  deal  not  dearly,  this  Hoafe  may  proceed 
to  further  Punifliment.]  (c) 

Mr.  SeU^.  •  I  cannot  retfiember  when  we  did 
conunit  a  Sheriff  of  London,  but'  I.Temember  wherj 
this  Houfe  committed  both  the  SherifB  of  Lundan  to 
the  Tfiwer^  for  an  Abufe  of  lefs  nature ;  only  for 
countenancing  of -a  Serjeant  in  an  Arreft  on  a  Mem- 
ber of  Parliament,  though  they  tlid  acknowledge 
their  Faults  at  the  Bar,  which- this  Man  hath  not 
yet  done.  The  Serjeant  was  fent  to  £f/f/p-£tfyi;  the 
Party,  at  whofe  Suit  he  was  arretted,  was  commit* 
ted  to  the  Fleet,  and  both  the  Sheriffs  to  ^cTower.* 

Mr.  Kirton.  *  I  came  into  this  Houfe  with  as 
good  a  Heett  |p  this  Man  as  any  Man ;  for  I  was 
Ipoken  to  flanafor  htm  as  I  came  in.  I  promifed  to' 
do  what  favour  I  could  j  but  if  he  were  my  Brother, 
he  fltould  go  to  the  Tower.' 

Mr.  Littleton.  You  fee  the  Affronts,  by  Books, 
by  Preaching,  by  Rumours,  by  being  daily  ferved 
with  Proceis  that  are  put  upon  us,  that  we  are  be- 
oonM  but  a  mere  Scarecrow :  the  Negled  of  our 
Duty  i^  the  Caufe  of  this  :  It  is  high  Time  to  remedy 
this,  or  it  is  in  vain  to  fit  here.' 

[The  Sheriff  was  agam  called  to  the  Bar  and  was,  The  Sheriff  of 
on  his  Knees,  ordered  to  the  Tower.]  London  comm\t' 

It  is  ordered,  that  fVorfman,  Dawes ^  and  Car-       *    *  ^^* 
imrthen  arc  to  be  at  the  Bar  upon  Friday  next. 

Feb.  1 1.  Mr.  SeUen  reported  concerning  the  Pro-  Mr  StUin\  Re- 
oe(s  of  the  Merchants,  that  Mr.  Attorney  gave  Order  por^  reUtiAgto 
for  the  Ppoeeft,  and  that  Mr.  Attornefs  Man  took  tonnage 

(c)  The  PaiTagei  in  Crotchets  ate  QiDi\.te4  mCrew. 


-aaS  1^  Parfiam^ary  History 

Aa-«XK(tiuI.  br(h  the  lame  -  Tor  the  Kll ;  it  is  for  thde  Thiogb' ' 

wtitch  depciKl  in  Parliament,  compkineil  of  ))cre  bf 

itie  Meichanls.  The  Copy  of  the  Bill  br ought  in  &fi}l 

readt  Tliat  the  Merchant  di4  plot,  pra^k*   and 

combine  a^aiiill  the  Peace  of  the  Kingdom.  ,      .^'< 

This  being  a  Burinefk  incident  to  Tunnage  sod 

Poundage,  is  ordered  to  be  deferred  until  the  Mor- 

rww  Morning.  .■,■!,) 

Alfo,  that  Report  be  made  then  of  the  ExamilVi- 

tionof  the  Complaints  ot  the  Meichants ;  And  that 

■he  Information  in  the  Exchequer  Chamber  nisy  aN 

fo  be  brought,  which  was  likewife  ordered,   that  in 

refpeit  the  Term  ends  To-morrow,  and  the  Ai&zet 

to  follow,  and  divers  Members,  that  are  Lawyersj 

of  this  Houfe  may  be  gone ;  it  is  ordered  that  none 

{ball  go  forth  of  Town,  without  the  Leave  of  tha 

Houfe.  ; 

Ordered  alfo,  that  the  Speaker's  Letter  fbailfas 

fcnt  for  Sir  Edward  Coke.  ..I 

Pr«*rfingi  of        Mr.  IVallir,  at  the  Committee  for  Religion,  Ae-i 

fa^"™'""    ^''^"'^^  ^  Petition  of  the  Bookfcllers  and  Printew 

'*""'■       written  againft  Popery  and  Arminianifm,  and  the 

centrary  allowed  of  by  the  means  oflheBiftop  of 

Lgnd'.n;  and  thit  divers  of  them  had  been  purfuivant- 

cd  for  printing  Orthodox  Books  ;  and  that  licenftng 

of  Books,  is  now  only  retrained  to  the  Bishop  of 

LendoH  and  his  Chaplains. 

One  of  the  Printers  faid.  He  tendered  divcn- 
Books;  one  called,  The  Goldtn&pur  to  the  CtU/iiali 
Race ;  and  that  Turner,  one  of  the  Bifliop  of  L,ait^^ 
f/jn's  Chaplains,  faid.  That  if  he  would  put  out  dK' 
Point,  that  a  Man  may  be  certain  of  his  Saivatiwi,- 
lie  would  licenfc  the  fame ;  and  notwithftanding  he . 
put  out  that  Point,  yet  he  could  not  get  the  fante, 
licenfed ;  whereupon, 

Mr.  SeUm  took  Notice,  '  That  the  refufing  of 
licenling  Books  is  no  Crime,  but  the  licenftng  of  bat] 
Books  is  a  Crime  ;  or  the  tefufmg  to  licenfe  BookB» 
becaufe  they  are  written  affainft  Popery  or  Armini- 
anifm,  is  a  Crime.  Thare  is  no  Law  to  prevent  the 
printing  of  any  Book  in  England^  only  a  Decree  in- 
the  Starchambcr:  Therefore  that  a  Man  ftall  be--' 
'     fmird 


m 


0/    ENGLAND      289 

tntd  and  iin[)rironed,  and  his  Goods  taken  from  An.4.Cba 
him,  is  a  great  Invafioii  on  the  Liberty  of  the  Sub-  "'*■ 
jeft.' 

Thereupon  he  moved  a  La*  may  be  made  in 
this :  This  it  referred  to  a  fclc^  Commiitce  to  be 
examined. 

Sir  Benjamin  Rudyard.  *  There  be  divers  Re- 
cantations, SubmilTions,  and  Sentences  remaining 
on  Record,  in  both  Univerfities,  flgaind  Aimimaiiifm^ 
which  may  conduce  to  our  end ;  That  the  Spealcer's 
Letter  may  be  fcnt  to  the  Chancellor  for  tbofe  Re- 
cords,' which  was  ordered. 

Mr.  Shirland  reported  concerning  the  Pardons,  DebaMtonM 
that  thcy  have  examined  Dr.  Sibthsrp's  and  Ce/mi's  '"^  PinJani 
Pardons ;  Sikhorpe  foUieitcd  his  own  Pardon,  and  *"'' 
faid,  he  would  give  it  to  the  BiHiop  of  Ifflnchefier  to 
get  the  King's  Hand  to  it.     It  is  evident  that  the 
Biflwp  of  mnchejier  got  the  King's  H^nd  to  Sib- 
iherp's  and  Co/iiii's  Pardons,  and  alfo  A'Jauntagiie'i 
Pardon  was  promifed  by  him ;  Tliat  Dr.  Monwar- 
ing  (ollicitcd  hie  own  Pardon,  and  the  Bifhop  o^ 
iyinchijier  got  the  King's  Hsnd  to  his  Pardon.     Ifc-jl 
ia  likewife  faid  that  the  Pardons  were  all  drawn  bjb 
Mr.  Aaorntyt  before  there  was  any  Warrant.  i 

Mr.  Ohver  Cremweli  fiid,  *  That  he  heard  by  re^ 
lalion  from  one  Dr.  Bisrd,  that  Dr.  AiobUjitr  haAi 
preached  Bat  Popery  at  St.  Paul's  Croft  j  and  that*' 
the  Bifliop  of  il'inche/iir  (Dr.  NAk)  commandedi 
liim,  as  he  was  his  Diocelan,  he  ibould  preach  no< ' 
thing  to  the  contrary.  [He  faid.  That  Atuntvaringf* 
fo  jufily  cenl'ured  fur  his  Sermons,  in  this  Houfej;, 
wai,  by  this  Bifliop's  Means,  preferred  to  a  ric^^ 
Living.      If  rhcfc  are  Steps  to  Church  Ptefermcnts, 

addt  he,  wlut  may  We  noteXpe<5l?'] This  istha_ 

firft  Time  thisextriiordinary  Perfon  makes  any  Ap^ 
pearance  on  our  Stags  of  Aiftion. 

Sir  R<ib,!rt  fhUipi  faid.  *One  Dr.  Merjhal  vil'^ ^ 
relate  as  much  faid  to  him  by  the  Bifliup  of  If'in^' 
(ktftiT^  as  thcBifliop  tid  to  Dr.  AlabUftc,-: 

'-  Mr.  KirlBH.  '  That  Dr.  Alirjhal  and  Dr.  Btaril 
Iriay  be  fcnt  for."  And  further  (aid,  '  This  Bifhop,' 
though    he  bath  leaped   through    many    Bifhop- 

voi..  vm.  r  iK\w» 


I 


SUB 


i 


^^90  f^k'P4flittmattary  Hrsi^oitv      ■ 

.CluiUil.Bifliopricksi'.iJ,  yet  he  hath  left  Popery  b»^p4  hi*. 

TTiat  Cofms  frequenting  the  Prinung-h^uC;,  Jbpth 

caufcd  ilie  Books  of  Common  Prayer  to  be  ncwiy 

,  printed,  and  hath  changed  tiie  word  Minijitr  uit<t  the 

jword  Priejl,  and  hath  put  out  in  anothei  Place  the 

'  Wotd£'/</?.ThusCo/iwandhisLordgohandinW¥l.' 

,'-";   Sir  Miles  FUttuiaod,     '  We  are  to  give  Ji^^^^n' 

•    ^{jfH''*  hisQiargcandtby  his  Book,  chargphifliw" "  ™ 

'  ,    Ilrft,  Schifin  in  Error  of  Do^rine. 

'  f' .  Secondly,  Fashion  in  point  of  State. 

",•    Thirdly,  IVIattcr  of  Aggravatioxu 

Sir /ffl/wr  £flWf  feid, 
':'      ^i  cokr  alhus  trat  nunc  eft  contrartiii  *^i-_Att 
"Dr.  fi'Tfite  hath  fold  his  Orthodox  Books,  and  ftottgfct 
Jefuits  Books,  therefore  let  ff^hiie  go  Arm  in  Arm 
with  Mtuntague. 

Sityolm  Elliot  made  Report  from  the  Committee, 
iu  the  Examination  of  the  Complaint  of  the  Met- 
chanu  ;  and  delivered  in  the  Orders  and  Injun^tiona 
ill  the  Exchequer  i  and  faid,  '  That  the  Merchants 
are  not  only  kept  from  thtir  Goods  by  the  Cullo- 
itaers ,  but  by  pretended  Juftice  in  a  Court  of  Juf- 
tice,  the  Exchequer.  I  conceive,  if  the  Judges  of 
that  Court  had  their  Undcrftanding  inlightcned  of 
their  Error  by  this  Houfe,  they  would  reform  the 
fame,  and  the  Merchants  thereby  fuddcnly  come  by 
their  Goods. 

Ordered,  a  fele^  Committee  to  be  named  to  Ai- 
geli  ihcfe  Things  tiiat  have  been  already  agitated, 
concerning  Innovation  of  Religion,  tbeCaufe  of  the 
Innovation,  and  the  Remedy. 

Fih.  12.  The  Sheriff  of  Z.("i</a«,  upon  his  Subinllr 

Hon  at  the  Bar,  is  releafcd  from  his  Imprifonmcttt^ 

theTstver.  '*" 

At  aGrand  Committee  forTunnagcandPoia 

,^      age,  -Mr.  Shertarid  in  the  Quir,  Mr.  lyaltcr  J' 

rniog  ^^rcd  a  Petition  from  Chamben^  Foulhs,   and  ,C 

k1      Hume,  in  Complaint  of  an  Information  aralnft  th! 

in  the  Slarchamber  about  Tunnagc  and  Poi|n(' 


*aiii'ttiat,  Kj-  *e  Rertraiht  of  their  GobdS,  riiej  are  Ar,  *.ciii 
^'^eety  to  be  umkine.  ""'' 

vi*"Mf.  IfandffforticoTKxheth  this  to  be  a  difEcult 
"'Way  for  us  to  go  in, 

■'**  ■  Mr.  CirltBn.  '  Let  it  be  done  which  way  the 
■  tttoufcflial!  think:  fit :  Butlconcciwe  it  fit  theMer- 
'tfKaiits  ftieuid  have  their  Goods,  before  we  can  think 
of  the  Bill.  Kings  ought  not,  by  the  Law  of  God, 
thus  to  opprefs  their  Suhjefls.  J  know  we  liavca 
good  King,  and  this  is  the  Advice  of  his  wicked  Mi- 
iiiftcrs  i  but  there  is  nothing  can  be  more  didionout- 
xble  unto  liim/ 

Mr.  Siravjde.  That  it  may  be  voted  rfiat  the 
Merchants  may  have  their  Goods,  before  we  enter 
m  ifae  Bill. 

Sir  Humphrey  May  (t).  '  I  ihail  (peak  my  Opi- 
nion, becaufe  I  know  not  whether  I  (hall  have  Liberty 
to  fpcak,  or  you  to  hear  any  more.  All  the  Pro- 
ceedings of  the  King  and  his  Minifters  was  to  keep 
the  Queftion  fafe,  until  this  fioufe  fllould  meer,  aiid 
you  {haii  find  the  Proceeding  of  the  Exchequer  very 
legal ;  and  thus  mtidi,  not  knowing  whether  1  Qiali 
attain  Liberty  to  fpeak  here  again.' 

Sir  Themas  Edmundi  (c).  *  There  is  none  hete 
but  would  think  it  a  hard  Thing  that  a  FufTellit^ 
flwuld  betalKn  from  us,  without  any  Oitler  for  S*- 
cjueftraiion  ^  that  therefiare  it  was  not  to  be  fufferei 
that  Ihefe  few  Men  fhould  fo  unjuflly  difturb  tfw 
Govemtilent  of  the  State  :  Defires  that  there  m^ 
be  no  lirterruidion,  but  We  may  proceed  to  fcttfc 
thcl'unnage.'  '' 

Mr.  Conmt.  *  I  hope  we  may  fpeak  here,  ^. 
we  may  l]«ak  in  Heaven;  and  do  our  Duties,  and 
^U^^not  Fau  divert  us.' 

■''  flilr.  IVoUcr.  '  It  is  not  fo  few  as  five  hundred 
Merdums^rethrcatned  inrtiis." 
-  Sir  Reiitrt  PMilps  movtth,  *  That  WC  may  go  to 
tbc  KfDg,  and  faiisfy  him  of  thcfe  Interruptions. 
'  Mr.  A'«j,  »  We  caiinor  fafely  ;^ive,  unlelii  we  be 
in.".Po(n.-ffion,  i  and  the  Proceeding  in  the  E;ichequer 
iwfli^d,  alfo  the  Informations  in  the  Staichainpcr, 
li}C.b»CKe\iM  of  cli(  Ducbr.    frj'T'rciI'urcrBf  ihc  Haafrt\i'V4. 

•  • V 


iirUIl 


«^  JR  i^arlldftiiiifafjf  Vtis-filkv 


rftlesVuid  Hk  Annexations  to  the  Petition  of  Right.' 
will  not  give  my  Voice,  neither  will  I  pvt',  liril 
thefe  Interruptions  be  declared  in  the  Bill',  Thff/il 
Kin^hathxo  Right,  but  our  free  Gip.  Ifitwip 
not  be  accepted,  as  it  is  fit  for  us  to  givi  it,"'  fl^ 
cannot  help  it :  If  it  be  rhe  King'i  already,  as  by 
their  new  Records  it  feemeih  to  be,  we  need  ilot 
give  it.  '  ■ 

'  Mr.  Stiden  fecondi  the  Motion  of  fending  A 
Meflage  to  the  Exchetjucr ;  dcclareth  a  Precedent  of 
a  Melfege  fcnt  into  the  Chancery,  for  flay  of  Pro- 
ceedings in  a  Caufe  ^  and  it  was  obeyed.  And  what 
Anfwcr  foever  the  Judges  return,  it  cannot  preju- 
dice us:  The  Law  fpeaks  by  the  Records;  and  if 
thefe  Records  remain,  it  will,  to  PoQenty,  explain 
the  Law.' 

Mr.  L'mietsn.     *  For  the  Point  of  Right,  there 
is  no  Lawyer  fo  ignorant  to  conceive  it,  nor  Judge 
of  the  Land  to  affirm'  it ;  is  againft  giving  to  the 
King,  or  going  on  with  the  Bill.     In  this  Cafe,  by 
the  Law,  a  Man  cannot   be  put   to  a  Petition  of 
Right,  but  fhail  recover  without  Petition.' 
A  Mrffjgi  fcni       Ordered,  a  Meflage  flialj  be  fent  to  the  Court  of 
*"'''^^"*'"l'"' Exchequer,  That  whereas  certain  Goods    of  the 
ereupoB.  Merchants  have  been  flayed  by  Injunction  from  that 

Court,  by  a  falfe  AiEdavit ;  and  that,  upon  Exa- 
mination, the  Cuflomers  that  made  the  Affidavit 
have  confeficd,  that  the  Goods  were  only  flayed  for 
Duties  contained  in  the  Book  of  Rates;  that  there- 
fore that  Court  would  make  void  the  Orders  and 
Affidavits  in  this  Bufmefs. 

Pditioa  tpmft  ^'^-  '3-  A  Petition  againfl  one  Burgefi,  a  Prlefi, 
Miit'l<  for  Mir- who  was  here  complained  of  the  laft  Seffion,  cOn- 
'  talning  fome  new  Articles  againft  him,  viz.  That 

be  reported  that  he  could  not  get  a  Copy  of  his  Ar- 
licics  out  of  the  Houfe,  until  he  had  gotten.one  to 
counterfeit  himfelf  a  Puritan  to  get  the  fame,  and 
other  new  Mifd^meanots.  He  is  ordered  to  be  fcnt 
for. 

The  Motion  of  Sir  yebji  ElUst  concerning  ihe 
Privilege  oTMcfchantl. 

Order 


^^^^H 


.^.|:jU,G-.I.  A.N  D.    E93 

i  Qfier  »,  that  a.MaB  having  a  PIaint'tlep9ndiDgAn>4\CK*ri 
J}i,8rc,  ftail  be  privileged  in  his  Perfon,  not  freed  ''"'*' 
^om  Suits. 

.A  Commiitee  is  to  confidcr,  what  Privilege  is  to 
Ijc  allowed  any  Man  that  hath  any  Caufe  depending 
here.  ]n  the  mean  time.  Intimation  Hiall  be  given 
to  the  Lord  Keeper,  liut  no  Attachment  ihall  go 
forth  againil  the  Merchants. 

Sir  Humphry  May  reported  the  Meflagc  (o  the 
KXchef|ucr  Court,  *  That  the  Treafurer  and  Barom 
will  furthwilh  lake  the  Tame  into  Conlidctation, 
and  remrci  an  Anfwer.' 

"'  Ordered,  that  Secretary  Caeie  fhall  take  Care, 
that  Intimation  be  given  to  the  City  about  the  Faft. 

Df ,  Aleort  called  in,  faith,  '  That  he  was  referred 
to  the  Bifhop  of  lyincht/ltr,  to  be  cenfured  for  a 
Sermon  preached  by  him.  The  Bilhop  faid,  *  That 
he  ,had  heard  him  deliver  many  pretty  PatTuges 
againft  the  Papifts,  which  j^eafed  King  Jmnts  well, 
but  he  mull  not  do  fo  now :  That  he  had  a  Brother 
that  preached  againft  bowing  at  the  Namcofy^j, 
and  bowing  at  the  High  Altar,  which  \k  liked  not ; 
and  that  tli;  Com ni union-Table  flood  as  in  an  Al**  ^•, 
houfe,  but  he  would  have  them  to  be  fet  as  High  ; 
.  Altars.  Ue.  Maere  is  to  deliver  thef<j  Things,  in 
/^riting,  To-morrow  Morning 
. ,  At  the  Commiitee  fof  Religion,  Mr.  P>'m  in  the 
Chalr,-Sir-ffW/fr£rtr/e  faid,  '  If  wefpeak  notnow, 
.we:iiia^  .for  .ever  hold  our  Peace  j  when,  befdesthe 
,  iQueen's  Mais,  there  are  two  other  MalTes  daily  in 
the  Queen's  Court ;  fo  tliat  it  is  grown  common 
with  the  out-facing  Jtfuits,  and  common  in  Dif- 
.tpusfc,  lf''iU  yeuge  la  Mafs^  orheveyau  becnot  Alaj's 
.ij(.Somerf(!t-houre  f  there  coming  five  hundred  at  a 
.'Tinie  from  Mafs-  Defires  it  may  be  known  by  what 
WartYiiii,  the  Jtfuits,  lately  in  Newgatif  were  re- 

;%'rcd.-   ■ 

','•.  iAi.'  Carltan  faid,  <  He  doubt*  not  but  his  Ma- 
'jefty'slnteiiliort  was  good,  in  the  Declaration,  late!/ 
'  p'u1)liflii.-d  i  but  he  conceivcth  it  will  be  made  ufc  of 
[£idy  to  our  DilaJvaniage.  He  defireth  therefore  the 

'' iJedaiatUui  may  be  taken  into  feriousCunfidcration. 
.,-r  '^  I    '  S.tt 


wP 


I 


804  *^^  ParUamentary  HisTOjiV 

'•  ,  Sir  RithariiGrofvaw  rqiortB  the  Proci 

J.  this  Houfe  Bgainfl  Popery,   die  laft  Seffion., 

"what  Fruits  !ijve  iollow'd  thereof  fince,  as  foliovi'341 

*"  Intliisgrnat  iJulincls  conceriiiog  Religion^  aftd 

dift  A^y  of  Execution  af  tbc  Laws  againd  Recufann^i 

it  will  much  conduce  to  ourPurpore,  and  forwanb 

Ot^r  RclblutioiiK,  to  caft  back  our  Lyes  to  whu  win[ 

done  the  I;i{l  ScDion.     You  maj'  remember^  thsu^ 

atoongll  otbcrBufineSuofWeighttWc  then  cook  tj» 

Heart  the  Decay  of  Religion  (  we  fought  after  tMo 

Prefeivation  thereof,  arid  how  to  maintaiti  it  in  in 

own  Purity,  .  (j| 

'   We  find  that,  of  ialc  Years,  it  had  been  raitdir 

wounded  by  heartening  of  Papilts,    by  conferring 

Offices  upon  Recufants.  i^ 

*  We  fummon'd  our  Judgments,  and  employ'O' 
Bur  heft  Cares  and  Pains  for  flopping  the  Currentaft' 
Popery ;  which  by  fuch  Means,  like  a  Deluge,  came 
flowing  in  upon  us.  : ) 

*  And  well  did  it  beiit  the  Piety  of  this  HouiM 
to  be  fo  zealous  for  tlic  Profperity  of  th^t,  wl^(^^ 
ought  to  be  To  precious  to  every  good  Man's  Soui^jtf 
and  lb  dear  in  their  Eyes. 

'  This  we  attempted  by  thefe  and  the  like  Stepft/^ 

*  Firji,  By  that  Religious  Petition,  wherein  ^ 
pleafed  the  Lords  fo  readily  to  join  with  us.  ;  to 

'  Setwdly,  By  framing  a  Bill  againfl  Recufantt^ 
which  pafled  both  Houfes ;    whereby  his  MajeAf  . 
had  been  much  enriched,  better  enabled  to  corapa&f 
\iis  Dues  from  them,  and  to  avoid  their  DcceitE  il 
defrauding  him  thereof.  >i      7 

*  Thirdlyy  By  informing  him  of  the  Numbcn 
)nd  Particulars  \  and  by  pctitioniug  him  to  remove 
all  Papifts  and  Popifhly  afFcclcd  People  from  the 
Court,  from  Places  of  Trufl,  and  from  Places  of 
Powrcr. 

*  Fourthly,  By  examining  the  Dangere  ajid  In- 
convenicnciesof  thefe  late Commiflions  and  Inftruc-  ' 
tions  granted  forth,  for  the  compounding  with  Re 
cufants  for  their  Kftatcs  and  Forfeitures, 

*  Fifthly,  By  framing  a  Charge  to  uftier  up  My,:i 
Maunlague  to  (he  Lords }  not  to  his  Scat  amongftr' 

the 


the-H 


ft'Keftrend  Society^ofBifhops,  buttotha  Bar;  as  Ju^i 
an  Oifendcr  againft  tli^t  Hou^^i  this  Houfej  snd 
the  whole  Church  of  God. 

'  •  But  what  Good  hath  our  Zca!  hrought  to  Re- 
li^ou,  what  ftofit  to  the  Church  t  W«  all  krtow, 
and  with  Thankfulne^  acknowledge,  rhat  bis  Ma- 
jt&y  gave  a  moil  pious  and  gracious  A'^fwer  to  our 
Petition,  aodtofome  Particulars,  as  fully  as  wecou^(^ 
derire;  which  raifed  our  Hopes  to  the  Expcilation 
of  much  (jood,  and  fome  hath  follow'd. 

.  *  KoT  it  is  true  that  the  promiftd  PFOclamatioh' 
to  command  Judges,  and  other  Minifters  of  JufticB,' 
to  put  the  Laws  in  Execution  againft  Rccufants, 
their  Pricfts  and  Jefuits,  is  now  extant;  which  yW  I 
Teems,  to  me,  tq  have  been  long  kept  by  fohic  back— 
Friends  ta  Religion  {  and  I  am  indticM  to  tdin^ 
thus  for  ihefe  Keafona,  vix.  •  '■ 

*  My  firft  Reafbn  I  draw  from  common  FamS'l' 
It  being  generally  reported,  that  inftcad  of  Life  an4 
Motion  to  the  I--aws  in  force  againft  Recufants,  the 
Judges  had  in  Charge,  before  ihe  laft  Circuit,  ttf ' 
^eal  rparingly  with  them. 

'  My  feCMid  Reafon  I  draw  from  the  Tim*- 
wben  this  Proclamation  came  forth  j  which  was 
fii>e  Weeks  after  the  End  of  the  Scffion,  when  (omt 
of  the  Circuits  were  ended,  or  foneara  Conciufion^l 
that  the  Judges  could  uke  little  or  no  Notice  thereof. 

*  And,  Thirdly,  from  Confidcration  of  a  forrtier" 
Proclamation,  dated  the  7th  of  yufy,  which  tho'  it'l 
pais'd  not  the  Seal,  yet  it  did  the  Prefs ;  and,  in  m^'^  ' 
|wor  Opinion,  would  never  have  gone  fo  far  (know*^. 
ii^thc  Refolution  of  Council  to  be  more  certaiif) 
hui  not  fume  Men  hop'd  to  prevent  the  latter  Itft 
prQCurement  of  the  former  as  SatisfsSion  ;  whicf)!! 
ftdb  fliort  of  his  Majefty's  pious  Intentions,  exprciF- 1 
ed  in  that  his  Religious  Anfwer :  And,  if  wiih  reve-'i 
rence,  1  may  fpcak  my  humble  Thoughts,  thty  dt> 
both  of  theoi',  in  die  Conclufion,  too  much  encoif  ^r 
ragR-the  wofft  of  Subje6b  to  hope  for  hia  Majefty'tn 
beft  Favour  itoofairly  inviting  therrf  to  compound  fob  ) 
ttieft  Forfcrtui-es;  n^ich  Courfe  this  Houie  was  bolt! 
toittde  liHie  Ids  than  a  Toleration.     '     ■   .    :^  zAJ. 

-'.  T  4  •  A^-R, 


f^f? 


^^  T£i  ParMameaiary'Hisrvir 

A*k4>cfct(l(*i,  .  •  Again,  I>  the  Goncourfe  of  Rccufiints-Ju.jaf 
^'**'        jvtraincd  from  the  Court  f  Nay,  do  ihcy ,  not  iincc 

our  RecdV  frecjueiit  it  with  mars  CoofitlcnoE  wid 
_  gftatcr  Alacrity?   IJu  not  their  Hopes  dulvincrai&t 

^^  and  thcralclves  grow  more  iiifoicnt.'    Thcii  IPaOa 

^^M  9ie  ended  with  the  Scffion, 

^V  '  Fftirihly,  Is  the  promired  Watch  aa  yet  ajt- 

pointed  to  keep  them  from  Ambanadon  Honfo? 
'Had  the  Judges  in  Charge  to  infoinithcmfclves  in 
their  laft  Circuiw,  and,  after  their  Return,  to  ccrti- 
-fjr  bis  Majcfty  of  aU  fuch  Papilb  and  Popiflily-af- 
f  eflcfJ  Pcrfons  as  they  ftiould  find  to  be  in  Authotity^ 
I  have  not  lieard  it,  and  to  me  ihofe  are  all  tt)c 
linown  tffeiSs  of  that  Religious  Petition.  >  i 

*  Fifthly,  Next  take  we  Notice  of  the  Abortion 
of  that  qeccfTary  Bill  agajnll  Recu&nti }  which, 
whcnwehopeditwould  have  received  Life  and  P«- 
fe^ion  by  the  R,oyal  AlVent,  periOied  in  Embryo, 
Suddenly  vanJUied,  as  being  too  cruel  and  too  im- 
merciful. 

'  Sixthly^and  kftly,  Confidcring  what  Fruit  wc 
have  reaped  from  that  Petition  and  Infarmatioiit 
whereby  wc  let  his  Majefty  know  the  Particulars  of 
fuch  Papills  and  Popifhiy  -  affected ,  as  were  in  each 
County  ill  Commiflion  of  the  Peace,  of  Lieutenan- 
cy, &c.  Are  any  of  them  fmce  removed  ,'  No,  tc 
is  well  if tlieir  Numbers  he  not  increafed, 

*  Oh !  Mr,/"?™,  this  breaks  the  Hearts  of  all ;  for 
if  Gfid  he  God,  lei  us  follow  him  ;  and  if  Baal  be 
Goiii  1^'  iJs  follow  him ;  and  no  longer  halt  between 
two  Opinions :  For  whillt  we  are  thus  cardefs  in 
fianding  for  Godi  that  we  dare  Icarce  acknowledge 
our  own  Religion,  is  it  any  marvel  that  God  e- 
ftrangcth  iiimfdf  from  us,  and  will  not  own  us,  as 
by  too  wofu)  Eitperience  wc  have  Caufe  to  fufpe£t  ? 
Since,  we  find,  Jie  goeth  not  forth  with  our  Aniiies» 
.fmce  (a  ill  Succcfs  attends  all  our  Anions,  and  wc 
iiaVe  not  yet  made  ogr  Peace  with  him. 

'  And  to  tjiefe  Griefs  and  Difcouragements,  I 
£nd  aji  Addition  of  xbat  Nature,  that  threatens  the 
«r:y  Ruin  and  Defolation  of  us,  if  notDiiTuIutionof 
i^Eeltgion  in  this  (^nd,  jf  God  himfclf  taj^e  Docbia 
. '.  ■  own 


cnraOmfa  inter  htr  Hand  i —And  that  is  diC'Catin-AK4>CIiMl 

lenancing  and  preierring  of  a  plotting,  undermining,  **^* 
and  dangerous  Se£t  of-upfiart  Divines;  when  Ar- 
imWffXjJhidl^be graced  and  prafetred  betbre  Itoncfter 
Men  ;  when  fiickdefperaic  Divines,  as  have  tireda 
part  of  Chri/leidotn^  aimoft  ruined  out  Ncighboun, 
fcifldled  their  Firebrands,  and  call  ibeir  dangerous 

ijparks  abroad  in  our  Church,'  Hiall  be  encouraged  ^^h 

to  go  on  in   planiirt^  their  damnable  Dodtrineii  and  ^^H 

Fropofitionj  ;    which,     already,    have    taken  deep  ^^H 

looting  in  ouc  Univcrfities,   and  many  other  Parts  ^^H 

of  this  Land.  ^^H 

'.  ^  You  r«nembcF,  Sir,  what  Care  and  Pains  tMs  ^^H 

Houfc  took  (as  aManer  ofgreat  Conrequence)'ta  ^^| 

frame    a  Charge  agaiall    Muuntague;    which  was  ^^H 

ready,  with  the  tirft  Opportunity,  Xo  have  tranlinit-^  ^^H 

led  him  to  the  Lords  ;    but  thefe   many  Intemipti-  ^^H 

ORB  we  have  had,  have  given  backing  to  chat,  as  wdl  ^^H 

9&  to  many  other  Bufinelies  of  Weight :     Yet  was  ^^H 

ihi^  Man,   flioitly  after  the  ending  of  [lie  ScOion,  ^^| 

digniiied  with   the  lacrcd  Title  of  a  Bilhop;    anJ  ^^H 

Biihop  of  that  See,  wherein  his  Predcccilbr  (a  grave  ^^H 

and  orthodox  Prelate)  had  labour'd .  both  by  his  Peii  ^^| 

and  Doctrine  to  ftrangle  thofe  Errors,  and  to  con-  ^^H 

fute  Mr.  Aiouniagut ;  as  if  the  very  ready  Way  to  ^^H 

obtain  a  Bifltoprick  now,  were  to  undermine  Keli-  ^^H 

gion,  and  to  fet  the  Church  in  CombuAion.  ^^H 

*  Another  alfo  of  his  own  Profeflian,  little  bct>  ^^H 

ter  than  htmfetf,  I  mean  Timc-pkafing  Manzuaringt  ^^H 

bath  alfo  tailed  extraordinary  Favour.     This  M^  ^^H 

attempted  to  make  his  Huty  Fundion  a  Mcan&  ta  ^^H 

(edgce  the  King's  Confcience,  to  mifgnide  his  Judge-  ^^H 

■nent,  to  disjoint  his  AHt:<^ion  from  his  Pct^e,  m  ^^| 

avert  his  Mtad  from  calling  of  Parliamenta ;   the  ^^| 

Particularsof  his  damned  Doctrines  arc  yet  frefh  in  ^^| 

OuC'Memory.      What   could   a    Man  have    done  ^^| 

-^cxfei  For  thereby  he  did,  as  much  as  in  him  lay,  ^^M 

violently  to  brenlc  ui  piece'*  thdt  Cord,  to  wrefl  in  ^^| 

ftjnder  that  Chain,  which  links,  ties,  and  unites  the  ^^H 

Hearts  and  Additions  of  the  Prince  and  People  tOr  ^^H 

gcther.     Verily^  they  that  iliall  go  about  thus  to  {»■•  ^^H 
tlucc  ortorrupt  a  Piincc,  dd'crvc  to  be  hatc4  ofiJl 


«9&  T&r^^li^mintar^  Hist oHY 

I.C%>ricil.Mea;  x  much  at  thofc  thai  attempt  to  poifon-Aj 
>t*t'         puUidc  .Spring  or  Fountain  whercofiil  drink.      Fori 

which  Offence  of  hi%  he  received  ajuft,  but  maf 
derate  Cenliire.  ■  OnePaniculai  was.thlt  hcQiOuM 
be  dilabled  for  ever  holding  any  Kcclefiafiical  Dtg'> 
nity  in  the  Church :  And  aliho'  it  be  confeffcd,  (hat 
tbc  Doctor  juAly  biaught  upon  himfcll'  ckcCcnfure 
of  Parliament  i  yet  was  this  Man  alfo,  imnaedtately 
after  our  Riling,  releafcd  from  his  Imprifonmcnt ; 
reported  to  have  the  Honour  to  kifs  the  King*! 
Hand  i  obtained  his  Pardon  in  Folio  ;  was  preler'd 
to  a  rich  Living;  and  {if  fome  fay  true)  chcxiOietll 
afiured  Hopci  of  Dignity  in  the  Church. 

*  Ifthefe  he  Steps  to  Church  Preferments,  God 
be  merciful  to  thofc  Churches,  which  ftiail  fall  undci 
the  Government  and  i  ceding  of  fuch  a  Clei^y. 

*  Thus,  Mr,  Pj'W,  you  fee  the  Ifiuc  of  our  good 
Endeavours  vanish  into  Smoak  :  Whatfhould  be  th*r 
Rcafons,  I  Icnow  not  {  but  I  niay  well  gueft  it  comea  .< 
by  the  like  Practices  that  were  ufcd  in  King  J^me/i 
Time;  for  then  wc  had  the  like  gracious  Anfwert', 
^  Petitions  of  Religion,  the  like  Proclamations,  th« 
like  DcclaratiorB,  the  like  Command  to  put  Laws 
to  Execution  againfl  Recufants,  and  yet  liitie  doiK  j 
being  prevented  by  the  fecrctDitt^ionsandCom-; 
mands  of  fome  eminent  Minilters  of  State,  which  I 
am  able  to  joftify  by  a  Letter  under  their  Hands, 
which  I  have  now  about  me  ;  and  I  wifh  that  all 
Cich  as  have  Notice  of  any  fuch  private  Letters,  H  : 
hav«  been  fent  for  the  ftay  of  Execution  of  tbolb 
Laws,  wouldgive  this  Houfe  Notice  tliereof.'  ■  i 

Sir  Roieri  PhiJipi.  '  If  ever  there  were  a  Nc- 
ecllity  of  dealing  plainly  and  freely,  now  is  die 
Time  i  there  is  an  AdmiJfiou  of  Papifts  and  Jefuits, 
as  if  it  were  in  Spain  and  Fronce.  ■■■■  a 

This  lucreafe  of  Papilh  is  by  Connivance  of  Pew.f 
{ans  that  be  in  Authority;  nine  hundred  and  fortjTHj 
Pcrfons  in  Houfes  of"  Religion  being  Papifts,  ofifw^  1 
gli^,  Sean,  and  frijh  in  the  Nttbtrlands,  maintain-' 
cd  by  tbePapiftsof  Js^/wii:  And  of  this  I  fhall  d«- 
liver  the  Particulars,  that  we  may  frame  a  Remon- 
(Itancc  to  the  King,  that  uiilef*  there  be  foitw  k  "' 


«t 


IS:'  i^ 


«r  PerfoimaflC«^PBI'iH(l!l^,ft  ftiaiiy  Anfweh  Ab,(.c1i*i* 
to  Our  Petitions,  our  Religion  will  be  paft  Reco*        '***' 
very.' 

Mr.  Curiton.  *  That  tliefe  Papifts,  by  Laws  ot 
A£b  of  State,  may  be  fcinovetl  from  tlicir  Offices^ 
which  we  have  juft  Caufe  to  Ajlpe<5t.' 

Mr.  Stldtn  movetJi,  *  That  theft:  Thifigs  may  be 
dcliaecd  in  Order;  and  firft,  forreieafmg  thejeiiiits 
tliat  were  arraigned  at  tfnvgatf,  whereof  one  wat 
oomlenined:  They  were  (en  in  Number,  which' 
were  Priefts*  who  had  a  College  here  in  Ltnjeti 
^Wtit  Cltricnwell :  and  thofe  Men  could  not  attempt ' 
thefe  A<£ls  of  Boldnefs,  hut  that  they  have  great  ■ 
Countenance. 

Secretary  Cwie  replied,  '  That  a  Miniftcr  of' 
State  had  Notice  of  thofe  Ten,  and  this  College  " 
intended  to  be  kept  at  Clericiivjell  \  that  ic  is  plain  . 
there  WAS  a  Pbce  appointed  for  this  College,  and 
Orders  ajid  Relicks  prepared. 

*  The  Minister  made  the  King  acquainted  with 
it;  and  1  fhould  not  do  my  Duty,  if  I  did  not  de- 
clare how  much  his  M.ijefly  was  affefled  with  it. 
His  Majefty  referred  it  to  the  fpecia!  Care  of  the 
Lords  of  the  Council;  who  examining  the  fame, 
fent  thofe  ten  Perfons  to  Nnvgaie^  and  gave  Order 
to  Mr.  /Itt»rniy  to  profecute  the  Laws  againft  them: 
That  this  College  was  firft  at  Edmantoti,  removed 
thence  to  CambeiiutH-,  and  from  thence  to  Clerim- 
wtii: 

An  Order,  That  ail  the  Knights  and  BurgclTes  of  , 
this  Houfe    (hould,  to-morrow  Morning,    declare 
their  Knowledge,   what  Letts  or  Hindrances  have 
bcei  to  ftay  tlie  Proceedings  againft  Recufants,       ""' 

Mr.  Long,  a  Juftice  of  Peace,  who  is  faid  to  \iri-  ' 
derftand  much  in  this  Bufmefs  of  the  Ctollfge  of  ' ' 
Jefuils,   fent  for  and  examined,  faith,  '  That,  by 
tbf  appointment  of  Mr.  Stcrctary  Cs^kc,  he  sppre-  ;J 
hended  tUcfe  Perfons,  and  took  their  Examinations;  •   i 
«nd  faiH^  further,  Tbit  he  heart!  they  wcie  deli-  i 
vered  out  ot  Nnvgate,  byOrder  fromMr,  Jttfnrf.  "*_ 

*  'I'hat  Mr.  MiMfmore,  a  general  Solicitor  for  _,' 
-Papifts,  hired  this  Moufc  for  the  Lord  ShrnKJhury  x 


3po  Ttt  Piiriiaaie^tai^llti-pfiK.Y 

^4'Cb'cl(|Lpapifi;  and  that  tbere  were.diveti  Boolu  p^A/Cf 
"*  '  compti,  of  Receipts  and  DUbuiiemcnts  ta  the  Valg« 
of  300'-  fc  Jin.  with  divers  Rccufants  Ifamvs, 
who  allowed  towards  ihc  Maintenaocc  ot  chis  Col- 
lege i  »itd  cticic  £aok&  and  P4pcr&  arc  iu  the  Hani: 
of  Mr.  Secretary  Cetie.' 

Secrtitar^  Caeit  faith,  '  He  cannot  (o  amply  de- 
clvc  the  Trucli  of  the  Proceeding  beicio,  uiiul  Jx 
have  leave  from  his  Majefty. 

Cr'/ii  K  Purliilvant,  w^i  examined  inthis,^«vip 
faith  likcwifd  he  can  difcovcr  many  and  di/^ 
Stoppages  of  tti?  £xecution.of  tbcLawsa^aiiift  B4- 
cyfants.'         ..    .    .  ■,. 

Cempliinti.  F'^-  '4-  AC«mpIaiiit  Was  fna^e  a^inll  the  Lord 

maCtijisi  Lamitrly  aBaron  oi IrtlanJy  and  aMemlier  oribii 

♦■•■*"'*  Houfe,  who  being  a  Colonel  of  Soldiers  in  MidiJUr- 

/exy  hath  impofed  Four-pence  upon  every  Soldier 

towards  his  Officers  Charges;  and  the  Petitioner  ro- 

iuCmg  to  pay,  was  hrfl  fet  in  the  Stocks,  and  alter, 

by  the  Lord  Lambert,  committed  to  a  publick  Prifoa. 

Ordered,  that  the  Lord  Lamifft  Ihall  be  fent  for, 

to  anfwer  this. 

Sir  John  Ipprj  defireth   leave  to  aiifwer  a  Com- 

C^mmon"  *  .p- ?'=''■'*  ^^inft  him  in  the  Higher  Houfe. 

rorinj  lo  an-         Mt.  &tlden  hcrcupoii,  '  That  (lie  Ufe  was,  znA 

!^f '*'"«  '*>=  cileth  Precedents,  Thai  no  Commoner  ihould  be 

***""  called  to  the  Higher  lioufe,  but  it  will  trench  upon. 

and  Uifadviinijgc  the  Privilege  of  this  Houfci    and, 

until  the  i8"  of  ICing  JamtSy  there  was  never  a 

Precedent  to  the  contrary;  tliat  this  therefoiic  av^ 

,be  confiderqd  of  by  a  fclect  Committee.-      . .,  -,,. 

Ordered ,  that  Si  r  "Jahn  Ipjlty  fliould  not  \ay^)g3^ 
to  anfwer  to  the  Lords  Houfe.  .    .  .,,  ... 

^    Mr.  Ghanteilitr  of  the  PucJ>y  ftifly  fccuildcd  the 
^otipn  ol'  Mr.  StldcH.  '  [^ 

^  Secretary  Ce^kt  did,  'I  am  as  careful  to  maintun 
a.  good  Correfpondency  with  the  Lords,  as  ai^y 
^an ;  but  Connivancy  in  [his  kind  may  overdufpw 
^e  fundamental  Rights  and  Liberties  of  this  HcmIb  : 
!!^et  itj  therefore,  be  iVrioufly  conlidcr^  of,  for  this 
■  * .     .    .  "* 


*'^.l 


""G^urf-afExche^ui^^bting  thi  Court f%r  ordering  t^jhe- 
^n^f  Rtvtnut^V^'^  thtfr  Ordm  and  1rijun£f ions 
.  j^  ihitfe  Suits -^  imd  ^i  fiilfy  dickri,  by  thi  fsH 
'  Prdif*!,"  T/jtti  iht  <hMtri^  ifWey  anceived  thmfehM 
30i;  wt'ingi 


» 


tifc'ftyVthfc Wfiple CSmmbriWealtfi?  -  •'^  ■  ■  -  ^ ^       '^•' 

^^H!MtTeA^  '•  that  a  facial  felcSt  Cottut^t  fliaU  be 

abppifttcd  to  confer  of 't^^^ 

-  -Nt^  CbdncdUrtHtitlhcSy  iffivcMk  ah  Anftiir, 

in  Writings  from  the  Lord  Treafurdr,  Chancellor, 

aMdBairbhs  of'^-Ex^qucfr,  to  \ht  Mi^ftage  fent 

ifieni  by  the  Hodfe  bf  Onnincto* 

WTffB  Je  EjfS  tb/WwourahU  ftouficf  Commons,,  J^^]^^"^^^ 

'tV    fy  Order  oftheii^^  of  this  tn/fant'¥thv\x-]/xht^±t^ 

ikfs 'l^tveiippvtntiil-ihfftNoticig JbouUbe giiik  iiibt quer,  concfniii 

Lord  Treafitrtr,  Cbancelhr^  and  Barons  of  the 'B^-J^J^'^ 

chequer,  of  a  Doclaration  made  by  Sir  John  Wolften- 

%6imd^  Abnifidm  Daw^  '  <7»i  Richard   Cannar-      »     ■  ■■ 

W^nli^  isi*ihi  fafd  Houfe' of  Commons^  of  the  Geods 

lite  the  Merchants  brought  into  the  Kin^s  Storehoufe^ 

'tM'Idiit^  there  for  hii  Majeftfs  Vfiy  weridetdinm 

«?,  'kt  they  conceive,  only  for  the  Ditty  ofTunriage 

dfidPouftdage,  and  other  Sums  comprifid  in  the  Book 

if  Rates;  which  Notice  was  given,  to  the  End  the 

faid  Court  of  Exchequer  might  further  proceed  therein^ 

as  tet  fuflice  fhould  appertain  : 

Now,  the  Lord  Treafurer,  Chancellor,  and  Bar-' 

ens,  out  oftbiir  due  RefpeSi  io  that  Hmsourable  Houfe^ 

mid  for  their  Satisfa^ion,  dofgnify,  that  by  the  Or^ 

'derf  and  Tnyunlfimts  of  the  faid  Court  of  Exchequer^ 

tbiy  did  not  determine^  nor  ary  ways  trench  upon  thf 

^ight  of  Tumage  and  Poundage ;  andfo  they  declare 

td  ^openly y  in  the  Court  at  the  making  of  thofe  Orders  : 

yi<kifher  dtdthe^j  by  the  faid  Orders  and  InjunSfionSy 

bar  the  Owners  -ofihefe  Goods  to  fue  for  the  fame  in^ 

^OrtewfislCmrfe.    Bat  whereas  the  Jaid  Owmrs  en^ 

dfovoured  to  take  thofe  Goods  out  of  the  King's  aSual 

^Popffimt,hy  Writs  or  Plaints  of  Replevin,  which 

was  no  lawful  A^ionor  Courfe  ifjht  King's  Caufe, 


r  ■  ^— 


•■^ii    -.  .'■  SisMd|;:i   *  ■):;:.•:■  njiiii./'--'    t. .■.*.;;  ,  ■tt^t^>>A 
,v.  ..       .  fi^fftHi-WAAtoM  'Iriieifimp^oj  'run)  V' 

John  DfiNHiiMv^  '  -  *;  J  ■  j  'y/;ii  >9ri5 
Tho.  TuEvoit^  >Baron5.  »:>:*,:." 

Geo.  Vjbrmon,  -T'.  \  :w  .vorpt 

.    Thisbeiiig  read^  Mr.  JCn^ir iui^  ^.l«^fh»&knl 

ios  Satisfadlion,  but  now  we  .fee  a  Juftiiicaikk'  tf 

*         tbe'ir.  A£Uon9.  I  therefore  de&re  wr  may  prooscd  to 

coniidcr  of  their  Proceedings,  and  svfaether  evtv:|te 

Court  offxcbsquer  held  tbisCourie  before  MH^tlfr 

i^  of  Replevins,  and  whether  this  bath  beeiydoM 

by  the  Regal  Prerogative  of  the  King,  or  the  Oouvt 

•f  fixqhequer/  »     " 

Ordered,  That  a  Seleft  Committee  of  the  JLmm 

yers,   Exchequei^Men,  ihall  take  this  into  llrir 

Confideration.  '  ^. 

Mr.  Selden  (aid,  «  We  have  delayed  the  PitH 

ceedings  with  the  Cuftomers,  cxpedingfome  good 

Succeis  from  the  Exchequer ;  but  finding  it  *od«^ 

wife,  I  defire  the  Cuftomers  may  be  caSed  to  tto 

Uar  onMonday  next ;  which  was  ordered* 

^nthmtaiUch-      Sir  Tbomas  Hil^  reported,  <  That  he  and  tbereft 

Yl  ^''^p '  T  ^^t  were  appoint^  fos  the  Service  concerning'tbe 

pii2*r  ""^     Priefts,  had  examined  the  Keeper  of  NtwgaUi  wlw 

cpiifcfled,  the  Firft  i^  Deamber  he  received  ten  Pric^i 

fpucrs,  fufpeSbod  to  be  Priefls^  and  .fiiid,.  TlM  at!^ 

tbt^tSriTions   the  Third  of  Dtamber  laft,^thMi:«» 

them  were  iiidi&ed  for  Priefts;  and  oneoflheitf) 

coiid^mned^  that  was  afterwards  reprieved;  andj^KX 

Night  t>cf ore  the  Execution,  Mr.  Recwriit^  idax  tfl 

'W«airant  to  ftay  Execution,  which  waid  feconded^taM 

a:^ Warrant  fnm  tlie  Lord  Chief  Juftice  H^  a  AU' 

the  reft  did  ^rctiife  the*  Oath  of  AUegianoe',  wifi'Vh 

vwis i^rdered)  that  they  ihooU  bek^t  dU  cbs heiiri 

Se$Hius%  i  .-...>..•         '  •/'..'    •<:     .:\\\v\i\ 


_.._*Tb8.Eari  Bf,iiwy7tfe«t  Word  to  the  Keeper,*"'*' 

Hat  his  Adaj^Jly"!  PUafure  was,  they  Jhould  be  df 
Svertd;  and  a  Warrant  came  fr«n  Mf.  /fttsnuy, 
to  brtng  the  Priiifts  before  him,  Wiio  took  Sureties 
of  them  to  appear  twenty  Days  after  Notice  at  tbc 
Council-board;  and  fo  they  were  difcharged. 

HcTeupon^TNatbamelAich  faid,'Iam  confident 
theGrace  of  die  King  hath  been  abufcd  in  chisj  that 
therefore  the  Prrvy  Cuualellors  of  the  Houie  mull 
know,  whether  it  was  by  his  Majcfty's  Directions^ 
or  not.     And 

,  It  was  moved,  That  Secretary  Cooie-  may,  firft» 
declare  his  Knowledge  in  this. 

Secretary  Csaii,  thereupon,  made  a  longDcda- 
iStioR  to  the  Houfe  concerning  thofc  PricDi,  and 
tJK  Difcovery  of  them ;  and  produced  (he  Paper) 
that  were  found  in  the  Houfe  amongft  them  Upon 
icarch;  and  he  faid,  tluc  it  did  appear  that  ti)ey 
were  Jefuits  and  Priefts,  by  the  Inventory  of  their 
Goodi:  They  had  their  Chapel  and  Library  re-  " 
pJeuiihed,  a  common  Kicchin,  fiuttery,  and  Cel- 
lar, their  Houlhold-ftutFis  all  marked  with  Ji  &.. 
there  is  a  monthly  Book  of  their  daily  Expences, 
and  a  contraAcd  annual  Account  in  Latin,  under 
th»Redor's  Huid.  It  appeareih  that  they  had  pur- 
chafed  200^  Lands ^/r /^»nuM,  and  60/.  in  Money 
<lid  rerDaiit  over  and  above  ihcir  Expenees,  1'here 
were  alfu  divers-  Letters,  Directions,  and  Orders 
•  from  a  PopiQi  Father  tirom  Rime,  and  all  Parts  be- 
yond tlie  Seas.  They  had  ap[Toimed  a  Time  of  Meet- 
ing, which  was  St.  Jsjepb'i  Day,  and  ilicn  they 
ftiould  have  faid  Ma&.  AH  their  Papers  were  de- 
livered to  Mr.  jittormy,  wltu  recommended  them 
to  I  Mr  Lwg.' 

.Sir  John  Eiliot  faid,  '  -In  all  this  I  fee  his  Maje- 
Ay'sGoodnefsisdear,  and  we  thall  Dill  retain  the 
ComiorC  ot  it.  You  fee  here  is  a  Ground  laid  for 
«l»ew  Kdgion,  and  a  Eoundatiun  for  the  under-' 
mining  of  the. State  i  and,  when  ihcy  Hiould  be 
bfoiiglic  to  Trial,  then  I  fee  the  over-officioufnefs  of". 
Miiiifters  of  State  to  interpofc  themfelves  to  preferve 
Utfc  iMcn,  to  all  our  Ruins ;  Thcie  [Men  were  in- 
9  ^\iV^tt- 


"ei 


504.  77j£  Parliafngntary^i$T}i^Y       ■ 

Kf-Chnicil.  SubjeAion  to  a  foreign  Power,  »nd  dirdaitn  oui  S* 
'••         Tcrcjgn.     What   could    be  their   Purpofe  that  k- 
bour'd  10  find  out  a  Way  to  free  them,  but  to  feck 

tour  Ruin  ?  For  I  fear  the  drawing  of  their  ladiS' 
mcnt  was  mjlicioult)'  done  lor  thai  Purpolc. 
*  The  Perfon  that  I  look  at  firft  is  the  Attantfyi 
whom  we  ftiil  find  faulty  in  this  Matter  of  Religion ; 
whdn  he  faw  the  Importance  of  the  Cauf«,  and  hod 
Direifiions  from  tlie  King  amJ  Council  ;  and  yet,  in 
a  Caufe  that  fo  much  concerns  tlie  King,  tlie  Peo- 
ple, Religion  and  all,  he  mud  take  his  own  Hand 
away,  dnd  put  it  to  another ;  this  Negligence  renders 
him  inexciifable. 
•  The  next  is  that  Great  Lordj  the  Earl  of  i>( 
fit  \  Ifind  him  to  interpofehinil'tlf  herein.  Let. 
fix  it  upon  his  Perfon,  and  know  iiy  what  Wun 
be  did  that  which  was  dune. 

»  lobferve  another  Perfon  faulty  alfo  >  I  hearj 
the  Priefi  was  condemned,  and  Mr.  Rtcsrdtr  made 
a  Rcprieval ;  No  Man  could  vent  his  Malice  more 
to  this  Kiiigduni,  than  in  the  Prefervation  of  theie 
Me>i.* 

Sir  Fremii  Seymour,  wiUi  Vchemenc)',  taxed 
boih  Mr.  Atmrney'i  AfFeflion  and  Judgment  herein } 
and  declared  that  continual  Xicctei's  were  Tent,  ItuM 
Mr.  Aitarneyi  in  ftay  of  Proceedings  againft  Recu- 
fants.  You  fee  how  flightly  Mr.  AUorney  hath  put 
over  a  Bufitiefs  of  this  Weight  to  Mr.  Lmot 

Mr.  CVa//,  the  Purfuivant,  being  examined,  faid, 
*  That  there  were  Eleven  Men  in  the  New  Prifon  j 
and  the  Keeper  of  the  Prifon  faith*  they  were  delit^i 
Vered  by  Warrant  frotn  ths  Council- Board.' 

It  was  ordered,  Tliat  Mr.  kecardtr  IbjU  he, 
thi^r,  fcnt  unto  to  be  examinud,  tli.in  10  h*  fent 
a*  a  Deliiii[t]ent ;  in  regard  he  hath,  formerly,  had 
the  HaiiDui  to  fit  in  the  Chair  here. 

Secretatv  Qaaie  faid,  '  1'hat  herein  we  Ihall  (loA^ 
fiiat  the  King  iicing  mLTciful  in  cafe  of  lilood,  gave 
Directions  fur  the  re^nieviiig  of  tlic  coudcmiwd 
Pfiefc.' 

Sir  'Jnhn  EHUt  anfwered,  •  I  doubt  not  but,  when 
ve  fhall  dechuc  tlie  Dvpth  of  tiui>  to  hisMujdli 


m 


•*% 


Of   E  N  a  LA  N  n.    36? 

he  win  render  them  to  Judgment  that  gave  him  AD.4.c)uileti: 
fu^  Advice/'     '         .     '  '■  ■  '628. 

"^Nathankil  Rich.  «  There  Jefufts  are  bound, by 
Sufeticsito  anrvirer  further  at  the  Council-board/  I 
v^ifli  their  Bonds"  w6re  produted,  that,  by  Exami- 
nation oftKifein,  we  might  find  out  the  whole  PacI^ 
of  their  Behefeflors  anoMaintainers. 

Mr.  Long  being  called^  faid,  *  That  he  oflEering^ 
at'the^  Stfliohs,  jthe  Evidence  againft  them,  by  Or- 
der ftom  Mi\  Attorney-y  the'  Lord  Chief  Juftice 
RJchardfon^  interrupted  him,  and  told  him.  He 
muji  fpeak  to  the.  Point  in  IJfue^  whether  Priejis  or 
no  Prie/is\  and  thereupon  the  Judges  confulted 
amongft  themfelves,  and  fo  arofe. 

"Mr.  Sfilden  declared,  *  That  he  was  prefent  at 
the  Sfcffions,  and  plain  Treafon  was  proved,  and  no- 
thjng  done  in  it. 

''inie  further  Examination  of  this  was  referred  to  a 
Selcft  Coihmittee. 

Feh.  1 6.  [A  Petition^  of  Complaint  was  presented 
againff  Sir  Henry  Martin^  for  difpofing  of  the 
Goods  of  one  Brown^  who  died  inteftate,  to  his 
own  private  Ufe. 

Hereupon  Sir  Henry  Martin  ftood  up,  and  faid, 
*  If  I  prove  not  my  fclf  as  clear  of  this  as  St.  John 
Baptijty  let  me  be  reckoned  a  Jew.* 

Referred  to  the  Committee  for  Courts  of  Juftice^ 

The  fame  Day,  at  the  Committee  for  Religion, 
Mr.  Stroud mov^Ay '  That  the  LordChicf  Juftice  may 
be  called  to  give  an  Account  of  his  ftay  of  Juftice,  ia 
the  Execution  of  the  condemned  Priefts ;  which  he 
ought  not  to  have  done,  though  his  Majefly  figni- 
lied  his  Pleafure  to  the  contrary. 

The  Chancellor  of  the  Duchy  faid,  *  That  this 
was  a  thing  ordinary  for  a  Chief  Juftice  to  do,  in 
Queen  Eltzaheth^s  and  King  yames*s  Times;  as 
alfo  a  Declaration  in  the  Star-chamber J^  thiat  all  con- 
demned Priefts  Ihould  be  fent  to  the  Caftle  of  /??/^ 
bich ;  and  from  hence  (though  the  King  had  given 
no  Order  for  the  Rqprieve)  hf  might  have  taken 
Warrant  for  hisProccpdings:*'      '"^     ' 

^oL.  vm.  U  ^t- 


r 


go6  7he  Parliamentary  History 

1-  Mr,  Selden  made  a  Report  from  the  Committee, 
for  the  further  Examination  of  Mr.  Long,  concern- 
ing the  Proceedings  at  NiW^ate  againft  tlie  'Jefuiti ; 
.whereby  it  plainly  appeared,  that  the  Evidence, 
tendered  in  the  Court  at  Neiugatg^  did  clearfy  teftify 
tfjefe  Men  to  be  Priefts ;  yet  the  Lord  Chief  Juf- 
tice,  Rkhardjon,  did  reject  the  fame,  agaJnfl  the 
Senfe  of  th»;cftof  the  Judges  and  Juftices  prefent  i 
whereby  it  is  plain  he  dealt  underhand  with  Tome  of 

Ordered,  That  two  Members  ihall  be  Cent  to 
cachjudge,that  were  prefent  at  the  Seffions  at  A'itt/- 
gaU ;  who  were  faid  to  be  the  Lord  Chief  Juflice 
of  the  King's  Bench, znd  the  Lord  Chief  Jufticeoflhc 
Common  Pleas,  Juftice  JVhitlack,  Juflice  "Jonis^  and 
Jufticc  Creske^  (a) 

Sir  Henry  Martin  made  Report,  '  That  he,  with 
others,  went  to  the  Recorder  of /.jHC'iW,  to  know 
by  what  Warrant  he  made  ftay  of  Execution  of 
"the  Prieft.  He  denied  that  he  gave  any  Order  or 
Direftion  for  the  ftay.  Whereupon  'James,  the 
Clerk  of  JViwi-aff,  beingthere  prefent,  came  to  him, 
and  faid,  He  was  forry  that  he  had  named  Mr.  Sie- 
cordir,  fcr  Mr.  Recorder  gave  no  Direflions ;  but  the 
Warrant  came  from  the  Lord  Chief  Juftice  Hydt.' 

Whereupon  he,  the  faid  Sir  Henry  Martin,  with 
the  reft  of  the  Committee,  went  to  the  faid  Lord 
Chief  Juftice  Hyde,  who  told  them,  *  That  he  gave 
bis  faid  fVarrant  by  Command  from  his  Maje/ij. 

Sir  Francis  Seymeur  made  Report  to  the  Houfe, 
*  That  he  and  otherscame  to  yii.^tlerney's  Chamber; 
but  not  finding  him  there,  they  went  to  Mr.  Long, 
iKci.Sij-  whofhewed  themaLetterfromMr..^/fiirw>'dire£ted 
Repuii.  to  him  the  faid  Mr.  Long,  which  wasall  ihc  Inftru^ons 
he  had  toprofecute  the  Priefts,  and  noneelfe:  But, 
for  the  other  Men,  he  was  to  take  them  into  a  private 
RoomjandofferthcmlheOathof  Allegiance;  which 
if  they  refufcd,  then  to  proceed  taPramuniri.  After 
this  we  went  to  Mr.  Attorney,  anddefiicdbim  to  give 


-.0^.  •E;N-.G'.LvA  N  B7   ^15x37 

1*^  an  Anfwer  to  every  partteular  Queftion.  Where-  -An,  jf-Charlet  I. 

■upon  he  fet  down  the  Anfwer  with  his  own  Hands,        * 

bat  feemedoftent^mes  loth  to  deliver  it  unto  us;yet  at 

Jaft  he  did  deliver  it,  which  was  as  followeth :  fre^ 

cehtd  Order  from  the  Council^  to  proceed  again  ft  the 

Priejis ;    and   I  did,   accordingly,  proceed  againfl 

them,  and  I  gave  Dire^ions  to  have  them  brought 

krfor^  f^ei  and  took  their  Examinations  and  the  In^ 

formations  *,  and  I  fent  for  Mr.  Long,  and  dejired 

him  to  take  fpeclal  Order  therein.     I  know  not^  nor 

T^yer  heard,  of  any  Land  conveyed  to  the  College,  hut 

wtiy  in  general ',  and  I  gave  DireSfions  to  intitle  the 

'King  to  the  Goods.     I  underjiood  an  Indictment  was 

f  referred  againji  three  of  them  for  Treafon,  and  the 

rift  ^Praemunire  ;  aiid  I  receiving  Command  from 

his  Majejiy  for  their  Bailment^  fuppofed  them  bail- 

4Me. 

Hereupon  it  was  Ordered ,  That  fuch  Priefts  as  arc 
not  conviiSiied  and  condemned,  (hould  be  proceeded 
againft. 

Feb.  17.    Mr.  Selden  reported,  '  That  he,  and  Report  of  the 
fame  others,  examined  Mr.  Long,  who  faid,  That  J^^^5«^^^^^ 
Mr.  Crofs  the  Purfuivant  coming  fifom  Mr.  Attor-  Execution  of  Po- 
ney  with  Direftion,  defired  a  Warrant  in  Writing,  pi  A  Priefts. 
and  fo  Mr.  Attorney  fent.  him  a  Letter  before" men- 
tioned ;  and  fo  he  indifted  them  all  as  Prjefts.   And 

*  die  fame  Day  they  were  to  be  tried,  he  told  the  Lord 
Chief  Juftice  Hyde,  that  he  had  divers  Papers  that 
did  conduce  to  prove  them  Priefts  or  Jefuits,  and  he 
iaid  he  was  ready  to  read  them ;  and  thereupon  the 
Lord  Ricbardfon  faid,  Pf^e  are  upon  a  Point,  whether 
Priejis  or  no  Priefis,  and  they  muji  have  Right  dona 
them.         • 

Another  Judge  faid,  We  came  to  do  Right  to  all. 
And  the  Lord  Ricbardfon  afked  him.  If  he  had  any 
other  Evidence.  He  faid,  He  had  no  other  butthofe 
Papers,  which  he  thought  would  give  clear  Satisfac- 
tion.    The  Lord  Ricbardfon  faid  j  All  that  was  hut 

•  Difcourfe :  He  faid,  IVhat  fay  you  to  the  Pointy 
Priefts  er  m  Priefts  ?  To  wbich-  Mr.  Long  anfwer. 
cd>  ;^  Ifawnot  thefe  Men  made  Priefts;  butVve. 

U  2  facA, 


3o8   The  Parliamentary  History 

..Clmlal.fiiid,  In  the  Houfc  where  tliey  were  taken,  were 
'^'^-  found  Copes  and  Veftments  for  Pnefls  :  And  that  he 
faid  to  the  Lord  RUhartlfan,  '  I  am  ready  to  open 
all  this,  il'  you  pleafe,  or  to  anrwer  any  Queftions, 
which  you  fhall  a(k  cgncerning  fuch  Things  as  I 
have  ready  in  the  Papers. 

'  The  Papers  contained  divers  Examinations,  and 
yet  none  were  Cuftered  to  be  read  but  one ;  and  that 
not  being  conceived  a  full  Proof,  the  reft  were  rc- 
fufed.' 

Sir  Robert  Philips.  '  Never  v/as  the  like  Exam- 
ple or  Precedent :  If  the  Judges  give  us  not  better 
SatUr^iSion,  they  themfelves  will  be  Parties.' 

Mr.  Chambers  preferred  another  Petition,  in  Com- 
plaint of  a  Warrant  newly  proceeding  from  the 
Council -Table,  for  ftay  of  the  Merchants  Goods, 
unlefs  they  pay  thofe  Duties  that  were  due  in  King 
JfflWj'sTime. 

Sir  "John  Elliot.  '  You  fee,  by  the  Merchants 
laft  Petition,  and  the  Anfwer  from  the  Exchequer, 
tliat  the  Merchants  were  bound,  within  the  Court, 
to  fue  for  tlieir  own  ;  and  are  novr  debarr'd  of  all 
Means  by  coming  to  their  own.' 

It  was  ordered,  That  the  Cuftoraers  fhall  attend 
the  Houfe  on  Thurfday  next;  in  the  mean  time  it 
was  referred  to  the  former  Committee.  Alfo  it  was 
ordered.  That  a  Committee  of  Six  Ihal!  coUeft  and 
takealltheNaraesaC  theFaft,  and  to  meet  at  Church 
.    by  Eight  of  the  Clock  in  the  Morning. 

It  was  alfo  ordered.  That  a  Committee  fhall  confi- 
deroflhefpeedieft  Wayioput  theMercliants  in  Pof- 
feflion  of  their  Goods,  without  which  it  is  concciv'd 
we  fit  here  in  vain. 

Sir  Tliorrms  Hobby  reported  from  the  Lord  Chief 
Juftice  Hydt^  That  be  doth  not  remember  any  Papers 
tendered  by  Mr.  Long  wtre  rejeJfed;  or  that  he  af- 
firmed they  'jjere  dungeroui  Perfoni,  and  a  College  of 
Jefuiti  i  but  hawfoevtry  Mr.  Long  tendered  nothing 
to  prove  them  fo,  but  that  he  held  divers  Papers  iit  his 
Hand. 

Mr.  JVatidesford  reported  from  the  Lord  Chief 
juftice  Rithardfsnj  who  faid,  Mr.  Long  dlddifcourft 
of 


0/    E  N  G  L  A  N  D      309 

ef  the  Place  and  Uoufi,  hut  itid  ndt  prefs  the  reading^^'^'^^^^^^^" 
9/ the  papers  *y  neither  knew  he  what  was  in  the  Pa-       '  * 
pers^  nor  doth  be  know  of  any  thing  to  prove  the  Perfons 
^riejis.  .      ^ 

..  ^iThcmas  Barrington  delivered  tne  Anfwerof 
'}}A&.\Ct  Jones y  who  faithi  That  fome  Papers  were  of-- 
fered  by  Mr.  Long,  hut  he  knew  not  the  Contents 
thereof'^  nor  the  Reafon  why  they  were  refufed\  hut  he 
came  late  for  want  of  his  Healthy  and  the  fecond  Day 
was  not  there  at  all. 

Sir  Miles  Fleetwood dcliyered  the  Anfwer  of  Juftice 
Wbitlock^  who  faid.  He  came  late^  and  therefore  un^ 
derfioodnot  the  Bufinefs^  and  the  fecond  Day  was  not 
there  at  all. 

Sir  Ji^tlliam  Conftahle  delivered  the  like  Anfwer 
from  Juftice  Crooke. 

Sir  Thomas  Barrington  faith,  <  That  altho*  Mr. 
Juftice  Jones  did  not  write  the  Name  of  my  Lord 
Richardfon^  yet  in  Difcourfe  he  named  him  to  be 
the  Man  that  did  fay.  The  Point  in  Proof  is^  whether 
Priefls  or  no  Priejls. 

Sir  Nathanael  Rich,  '  Here  is  a  Charge  of  an 
high  Nature  on  the  Judges  by  Mr.  Long  5  that  now 
Mr.  Long  make  good  his  Charge,  or  fuffer  for 
it  J  for  there  were  Witnefles  enough  in  the  Court.* 

Ordered  Mr.  Long  to  be  here  on  Thttrfday^ 

Ordered  alfo.  That  the  Juftices,  about  the  Town, 
fhall  be  required  to  deliver  in  all  the  Names  of  the 
Recufants  remaining  about  the  Town,  their  Con- 
ditions and  of  what  Country  they  be. 

Ordered  alfo.  That  the  Gentlemen  of  the  Inns 
of  Court  and  Chancery,  (hall  give  in  their  Know- 
ledge what  Recufants  are  there. 

Sir  %A«  Stanhope.  *  That  the  Court  may  give  in 
Ae  Names  of  the  Recufants  there,  and  Ukewife  by 
what  Warrant  they  ar«  about  the  Town  5  and  what 
f)ublickChargeof  Office  any  of  thoft  Peribnshave. 
Alfo  what  Priefts  and  Jefuits  are  in  Prifon  irt  Lon^ 
dony  for  they  are  at  liberty  fometimes  to  go  five 
Miles  to  fay  Ma&.' 

U3  QVK 


> 


3IO  The  ParUameniary  History 

Aii.4.CKitlnI.      On  TVt^tfdaf   the  18*  oi  Fihrnary;^   aputilick 
'**'•         Faft  was  kept  bytbeHoufe  attViftmiiiJin;  where 
were  three  Sermons. 

Feb.  IQ.  Mr.  Daws,  oneof  theCuHomers,  bring 
Drfcjte  on  the  called  in  to  aiifwer  the  Point  of  Privilege  in  taking 
Mfi*  G^df  Mr.  JJb/A's  Goods,  being  a  Member  of  the  Houfc, 
farTnnn^iu      faith,  '  He  took  Mr.   Kelis's  Gooi&  by  Virtue  of » 
Commiffion  under  the  Great  Seal,  and  other  War- 
rants remaining  in  the  Hands  of  Sir  John  Elliot: 
That  he  knew  Mr.  Reili  to  be  a  Parliament-man, 
and  that  Mr.  Ss/A  demanded  his  Privilege;  but  he 
did  underftand  that  this  Privilege  extended  only  to 
his  Perfon,  and  not  to  his  Goods  '    Mr.  Dawi  fur- 
ther faith,  '  That  he  took  thofe  Goods  for  fuch  Du- 
ties as  were  due  in  King  James's  Time ;  and  that 
the  King  fentforhim  on  Sunday  laH,  and  ccnnmand- 
ed  him  to  make  no  further  Anfwer.' 

Mr.  Carmarthen,  another  Cuftomer,  called  In, 
faith,  '  That  he  knew  Mr.  Ra/h  to  he  a  Parlia- 
ment-man, and,  that  he  told  Mr.  Rolls,  he  did  not 
find  any  Parliament-man  exempted  in  their  faid 
CommiiHon  ;  and  if  alt  the  Body  of  this  Houfe  were 
in  him,  he  would  not  deliver  the  Goods  j  if  he  faid 
he  would  not,  it  was  bccaufe  he  could  not,' 

Mr.  IVandesfard  moved,  '  That  the  Delinquen- 
cy of  thefe  Men  may  be  declined  for  the  preient ; 
and  that  we  may,  firft,  go  to  the  King  by  way  of 
Remonftrance,  confidering  the  Matter  from  wlience 
this  doth  arife ;  if  there  were  a  fingle  Privilege,  it 
were  eafily  determined.' 

Mr.  Selden  faid,  '  If  there  he  any  near  the  Kii^ 
that  niifinterpret  our  A6lions,  let  the  Curie  light  on 
them,  and  not  on  us:  1  believe  it  is  high  Time  to 
right  ourfeives;  and,  untill  we  vindicate  ourfelvea 
in  this,  it  will  be  in  vain  for  us  to  fit  here.' 

Sir  Nathanatl  Rich  movcth,  *  Not  to  proceed  iii 
this,  until  it  be,  byafelefl  Committee,  confidered 
of  i  in  refpcdi  the  King  himfelf  gave  Older  to  fl;a.y 
thofe  Goods,  tho'  the  Goods  of  a  Parliament-mati.' 


J 


0/  i;,  N  G  L  A  N  D.    311 

Sir  John  EilUt..     'The    Heart-Blood   of  the  An. +.Ch»rlM 

Common-Wealth  recelvetb  Life  from  the  Privilege  '^*^'  ' 

of  this  Houfe.  \ 

'  It  was  refolved  by  Queftion  that  this  ftiall  be  pre-  1 

femly  taken  into  Cuiili deration ;  and  being  coiiceiv-  ] 

ed  a  Bufiaels  of  great  Confcqucnce,  it  is  ordered,  I 

that  the  Houfe  fliall  be  rcfolved   into  a  Cdnuiiittee  J 

for  the  more  Freedom  of  Debate.'  ^^^J 

Feb.  20.     Mr.  Herhert  in  the  Chair.    A  Peti-  ^^^H 

tion  of  Complaint  of  a  Confpiracy  agalnll  a  Man's  ^^^^H 

Life  was  preferred  againft  the  Lord  Deputy  of /r^  ^^^^| 

land,  and  others,  to  get  the  Eltate  of  the  Petitioner  ^^^^| 

unto  their  own  Ufe ;    which  was  referred  to  the  ^^^^| 

CommitteeforCourts  of  Juftice.  ^^^H 

Sir  Jehn  IVolJlinholme,  anotherofthe  Cuflomets,  '    ^^^H 

called  in,   fkith,  '  That  he  was  commanded,  from  ^^^^| 

the  King,  to  fay,  that  tlie  Goods  were  taken  for  ^^^^H 

Duties,  and  no  more  ;   that  he  fought  not  to  farm  ^^^^H 

the  Culloms,   and  told  die  King,  being  fent  for  to  ^^^^H 

his  MajeAy,  that  he  was  not  willing  to  deal  therein,  ^^^^| 

UBtil  the  Parliament  had  granted  the  fame.'  ^^^^H 

Hereupon  the  Warranr,  from  the  King  Co  the  ^^^^| 

CuAomers,  was  read/n  haiwrba,  ^^^^| 

Carolus,   Dti  Gratia,  Angliie,  Scoli/e,  Francia,  ^^^^H 

W  Hibernia  Rex,  Fidel  Deftnfor,  &c.     To  the  .  ^^H 

Lord  Treafurer,  Chancellor,  and   Barons  of  our  ^^^^H 

Exchequer,  and  to  the  Cuftomers  of  our  Ports.  .^^^^H 

WHEREAS  the  Lords  ej  our  Council,  taking  ^^H 

into  Cenpdiralion  our  Revenue,  and  finding  that  ~  ^^^^H 

Tunnagi  and  Poundage  is  a  principal  Revenue  of  our  ^^^^| 

Crown,    and  hath  been  continued  many  jfgei ;    have  ^^^^| 

therefori  ordered,  that  all  thofe  Duties  of  Suhfidies,  ,^^^H 

Cujloms   and  Impojls^  as  tity  were  in  the  One  and  ^^^^| 

twentieth  Tear  of  King  James  our  late  Royal  Father^  ^^^^M 

and  as  they  Jhall  be  appointed  by  us  under  our  Seal,  be  ^^^^| 

Know  ye.   That  we^  by  the  jfdvice  of  the    Lords  ^^^^H 

ef  our  Csuniilj  do  declare  our   tVill  hereby,   That  ^^^^^| 

cU    thofi    Duties   be  levied  and  colltcfcd    as    they  ^^^^ 

U  ^                               wen  1 


3ia  The  Parliamentary  Historv 

la.^i  CVntlni-wwf  htht  Time  of  eurfasd  'lathery  andixfut. 

i6i8.         Manner  as  ive  Jbau  appelnt.      lind  if  any  Perjmre- 
fufi  to  pejt  thtn  BUT  if'HI  it,  that  the  Ltrdi  of  the 
Ceundt  end   the  Treajurtr  jhall  tommit  ta.FriJen 
Juih  fa  rtfufir)gy  until  ihey  canfirm  thtmfSvtw  Jind 
Vie  give  full  Patver  to  all  our  Officers  ia  recd6iy   /r— 
vy,  and  ailU£t :  And  we  command  our   Barara  and      I 
Officii,  from  Tim  to  Tme,  to  give  all  Af^dnttU      I 
the  Farmers  of  the  fumet  as  fully  at  when  thtf>wirt      I 
eoUeiled  by  Authority  of  Parliament,  \ 

Sir  Humphry  May.    •  The  King  and  Coundl 
' '  "'took  Notice,  that  this  Gentleman  was  a  Parhatacnt-  ' 
"  man  ;  and  it  is  the  firft  Time  that,  for  the  King's 
Revenue  and  for  Duties,  Parliament- Privileges  ever 
held/ 

Sir  Peter    Hayman  replied,    '  Our  Mouths  arc 
flopped,  if  this  be  the  King's  Revenue.' 

'  Mr.  Selden  faith,  '  That  he  conceiveth  the  Cafo 
.pF  the  three  Cuftomcrs,  to  differ  in  the  Degrees  of 
'■'their  Offences. 

"        'Firft,  VoT  Six  John  IVelftenliolme.  whatever   he 
'  *  feilh  here,  he  hath  often  confefTed  the  Goods  were 
I  ' '  taken  for  Tunnage  and  Poundage  j  fo  that,  as  he 

* ""  broke  the  Privilege  in  taking  the  Goods,  fo  likewife 
t"  in  his  fwearing  one  thing,  and  the  Cumrary  plainly 
"''    s^^earing  upon  Proof  and  his  own  Confeflion,  he 

'  .plainly  deferves  PiutUhment. 
,  '''■      Secondly,  Mr.    Daxtii'i  Cafe  differeth  only,  in 
""  that  Sir  John  WaljUnhalme  is  a  Patentee,  and  Mr. 
■' '  Jiavjs  only  a  Sharer. 

*•     '    *  Thirdly,  Mr.  Ca™iir/-5fn'j  Cafe  diff'erech  in  fay- 
''"  ing,  *  Jf  alt  the  Parliament  u/ere  in  him,  he  viauld 
■    .  *"'^not  deliver  the  Goods,' 

■  ^"*-'     Hereupon   it  was  ordered.  That  Tf^olftenbobm'i 
,  Cafe  Jhall  be  firfl  decided  ;  and  the  Point  is,  Whc- 
"■  ther  by  tlie  Leafe,  Sir  John  Wol/lenholme  having  fciz- 
'  td  the  Goods,  hath  Intereft  or  not. 
"     Mr.  Glanvile.     '  Here  is  a  Sum  of  Money  ad- 
vanced, a  Leafe  granted  for  certain  Years,  and  ?er- 
'*"  tain  Rent   refervcd ;  and  though  there  be  a  Cove- 
"'  ■  nam 


O/  E-IT  G  LA  N'b:-  "313 

nant  to  thofe  Men,*' that  if  there  beLofs,  it  fhall  be  An.4.Charie8L 
abated,  yet  that  cannot  take  away  their  Intereft.'  '°*^* 

*  The  Subftance  of  the  AfEdavit  made  by  the 
■Cuftomers  in  the  Exchequer,  is,  that  the  Goods  of 
the  Merchants  feized  by  them,  and  remaining  in- 
the  King's  Storchoufe,  were  feized  only  for  Duties 
to  the  King,  mentioned  in  a  Commiflion  under  the 
King's  Signet ;  and  that  themfelves,  the  Ciiftomers, 
had  nolntercft,  nor  Pretence  of  Intereft  therein. 

Feb,  2 1,  A  Petition  was  delivered  by  Mr.  Tho- 
mas  Symons^  in  ftirther  Complaint  againft  the  Cufto- 
mers; and  that  the'Two  Shillings  and  Six-pence  of 
the  Currants,  granted  to  the  Earl  of  Arundel,  be  re- 
ferred to  the  Committee  for  Merchants. 

Sir  Robert  Pje  faith,  «  That  the  Earl  oiArundil 
bath  delivered  in  his  Patent  to  the  King,  two  Months 
fince.* 

At  the  Committee  on  the  Complaint  of  the  Mer- 
chants, Mr.  Littleton  argued,  *  Whether  a  Mem- 
ber of  the  Houfe  hath  his  Goods  privileged  upon  a 
Prorogation,  being  feized  for  the  King?  All  Privi- 
leges are  allowed  for  the  Benefit  of  the  Common* 
wealth  ;  the  Parliament's  Privilege  is  above  any 
other,  and  the  Parliament,  only,  can  decide  Privi- 
lege  of  Parliament,  not  any  other  Judge  or  Court. 

*  That  a  Man  may  not  diftrain  for  Rent  in  Par- 
liament Time,  but  for  all  Arrearages  after  the  Par- 
liament he  may  diftrain :  He  is  not  to  be  impleaded 
in  any  Adtion  Perfonal,  or  his  Goods  feized  in  the 
E?cchequer.  Both  by  Record  and  A61  of  Parlia- 
ment, he  is  in  the  King's  Royal  Proteftion  ;  that 
it  might  be  High-Treafon  to  kill  a  Parliarneht-man; 
and  the  King  anfwered  it  accordingly,  which  made 
it  a  Law.  '  . 

*  For  the  Judges  to  determine  Privilege  of  Parlia- 
ment, were' to  fuperfede  and  make  void  the  Law: 
And  as.  to  the  Proclamation,  the  Privilege  ftands 
good  until  the  Day  of  Prorogation.' 

*  The  King' is  never  fo  high  in  point  of  State,  as 


3 14    5'i6i?  Parliamentary  HiSToRr 

n.  4.  Cli.rlial.  in  the  Parliament ;  cited  in  the  CaTe  of  Sir  RsbeTt 
i6iS.         Jiaujard,  in  theHigh  Coinmiirioo. 

'  And  ail  Privilege  is  good,  unlefs  in  Cafes  of 
High-Treafon,  Felony,  or  Breach  of  the  Peace' 

Sir  Robot  Fhiiipi.  '  Thus  you  fte  howfaft  the 
Prerogative  of  the  King  iloth  intrench  on  the  Iat 
berty  of  the  Subject,  and  how  hardly  it  is  recovered: 
He  then  cited  many  Precedents,  wherein,  the  Goods 
of  a  Member  of  ;Parl lament  were  privileged  from 
IJcizure,  in  the  Exchequer,  In  12  Eliz.  it  was 
rcfolved  in  Parliament,  That  twtncy  Days  before, 
and  twenty  Days  after,  was  theTime  of  Prvileges.' 

Sir  Humphrey  May  defired,  '  That,  in  this  De-- 
bate,  we  may  tie  our  fclves  to  point  of  Law  and 
Authority,  and  not  to  point  of  Rcafonj  and  con- 
ceiveth  that  no  Privilege  lieth  againil  the  King,  in 
point  of  his  Duties  and  Cultoms.' 

Sir  Francis  Sfymonr.  '  I  cJelire  it  may  be  the  £j;Q: 
Debate,  whether  this  Cafe  doth  concern  the  King 
or  not;  for  I  conceive  thefe  Cuftomers  have ■  not 
made  good  that  there  is  any  Right :  Here  is  Art  ufcfl 
only  to  intiile  the  King. 

'  I  conceive  it  is  an  high  Offence,  for  any  Man 
to  lay  the  Scandal  of  every  Projeifl  upon  the  King.' 

Mr.  GlanvHc.  '  Here  is  a  cunning  Affidavit  in 
the  Exchequer,  to  intitle  the  King ;  a  mere  cunning 
Project,  and  an  Offence  of  high  Nature,  to  flieUer 
their  Projeits  under  the  Command  of  the  Crown.' 

Secretary  Cooke,  '  The  Point  in  Queftion  is,  not 
the  Right  of  tlie  Subjedls,  but  the  Right  of  the  Par- 
liament's Privilege,  and  that  in  the  Cafe  of  Mr. 
Rolls ;  and  this  is  only  now  in  Queftion.' 

Sir  yohn  Slrangeways.  '  I  know  no  Reafon,  why 
we  fhould  draw  a  QiiefHon  upon  ourfeives,  which 
we  need  not,  efpecially  between  the  King  and  us. 
I  conceive  it,  plainly,  that  thefe  Cuftomers  tooJf 
thefe  Goods  in  their  own  Right,  not  in  the  King's ; 
in  this  the  Privilege  is  plainly  broken,  which  i^ 
eafily  determined, ' 

Mr.  Batiks.  *  In  this  Cafe  there  is  no  intcrpot- 
ing  of  iheKing's  Right;  andtheKing,  by  his  Pro- 
clamation, hath  declared  fo  much. 

•That 


Of  ENGL  AND.      31^ 

^ 'f  hat   the'€durts,  2X.  Wejiminjier^  do  grant  Aii.4X»i«rfctL 
twelve  Days  Privilege  to  any  Man,  to  inform  his       * 
Couiifcl';  much  more  the  Courts  of  Parliament  are 
to  h^ve  their  PHvilcgc. 

\  The  King's  Command  cannot  authorize  any 
Man  to  break  the  Privilege j  no  more  than  it  will 
warrant  an  Entry  upon  a  Man's  Land,  without  Pro- 
cefe  of  Law/ 

Mr.  Solicitor.  If  he  have  no  Right,  how  can  he 
make  a  Leafe  ?  Then  this  pretended  Right  of  the 
Ctiflomers  mull  needs  be  void :  And  therefore  the 
Goods  muft  be  taken,  not  in  their  own,  but  in 
the  Right  of  the  King.' 

Mr.  Selden,  '  If  there  were  any  Right,  the  pre- 
tended Right  is  in  the  Subject. 

*  Firft,  Whether  Privilege  in  Goods  ? 

,  *  Secondly,  Whether  the  Right  were  in  the  Cuf^ 
tomers  only  ? 

*  Thirdly,  Whether  Privilege  againft  the  King  ? 

*  Fourthly,  If  the  Lords  have  no  Privilege  in  Par- 
liament for  their  Goods,  they  have  then  ho  Privi- 
lege at  all  'y  for  they  are  privileged  in  their  Perfons 
out  of  Parliament. 

*  For  th^  Point  of  Intereft,  it  is  plain,  no  Kind 
of  Covenant  cart  alter  the  Intereft;  and,  queftion- 
lefe,  had  the  Cafe  ip  the  Exchequer  appeared  to  the 
Barons,  as  it  doth  to  us,  they  would  never  have 
proceeded  as  they  did. 

*  If  pur  Goods  may  be  feized  into  the  Exche- 
quer^ be  it  right  or  wrong,  we  had  as  good  have 
none. 

Six  Nathaniel  Rich  faid,  *  It  vsras  recorded,  the 
laft  Seilion,  in  the  Lords  Houfe ;  and  he  cited  other 
Precedents  in  this  Houfe,  That  the  Servant  of  a 
Member  of  Parliament  ought  to  have  Privilege  in 
his  Goods:  TheQueftion  being  thus  decided,  cer- 
tainly a  Parliament-man  ought  to  have  Privilege 
in  his  Goods.' 

Mr.  Noy  feith,  *  That  thefe  Cuftomers  had  nd- 
their  Commiifion,  nor  Command,  to  feize  3  there- 
fore, without  doubt,  we  may  proceed  fafely  to  the 
pther  Queftion,  That  the  Privilege  is  broken  by  the 

Cuftomecs^ 


3  i  6  "^he  Farliamentary  Historv 


Ad.*.  Chiilcit-Cuflomcrs,  without  relation  tp  any  Commiiliori 
"*'■        Command  of  ibe  Kin-.' 

Secretary  CMic  fjith,  '  That  it  is  in  the  Commif- 
fion  to  feize' — But  the  CommilTion  being  leai,  it 
was  not  found  to  be  there. 

Sir  Humphrey  May  faith,  *  Mr.  Daws  mentidtaed 
that  he  feized  thefe  Goods,  by  Virtue  of  a  CotW- 
mifllon  and  other  Warrants,  remaining  in  the  Hands 
of  Sir  John  Eiliot ;  that  therefore  tlie  Warrants  may 
be  feen,  whether  there  be  Command  to  feiae  thefe 
Goods  or  not.' 

Sir  Nathanael  Rich.  '  This  Day's  Debate  much 
rejoiceth  me,  efpecially  the  Motion  made  by  Mr. 
Neyi  whereby  it  is  plain  wc  have  a  Way  open  to 
go  to  this  Queftion,  without  relation  to  the  King's 
Commiflion  or  Command  ;  and  I  defire,  in  refpeit 
there  appeareth  nothing  before  us  that  doth  incum- 
her  us,  we  may  go  to  the  Queftion. 

Sir  Humphry  May,  again,  defireth  thefe  War- 
rants may  be  looked  into,  before  we  go  to  the  Quef- 
tion. 

Mr.  Kirim  moved,  '  That  in  refpe£t  this  Ho- 
nourable Gentleman  preiTeth  this  fo  far,  the  War- 
rants may  be  read,  that  it  may  appear  with  what 
Judgment  this  Houfe  hath  proceeded. 

Mr,  Clo'ivlUe.  '  I  confent  thefe  Warrants  be 
fent  for  and  read  ;  but  withal,  if  aiiy  Thing  arifc 
that  may  produce  any  thing  of  ii!  Confequence,  let 
it  be  confidered  from  whom  it  doth  come.  TTic 
Privy-Couiifellors  here  arc  content  with  this  Motion.* 

The  Warrants  being  fent  for  and  read,  no  Co[D'< 
miiTion  to  feize  appeared  therein, 

Mr.  Kirisn  faid,  '  If  there  be  any  Thing  of 
Doubt,  I  dcfire  thefe  honourable  Perfons  may  make 
their  Objeflions." 

Sir  Humphry  Aloy  faid,  'I  rejoice  when  I  can 
go  to  Court  able  to  juftify  your  Proceedings :  I  con- 
fefs  I  fee  nothing'now,  but  that  we  may  proceed, 
fafely,  to  the  Queftion.' 


1 


n 


0/  E  N  G  L  A  N  a      317 

Secretary  Cook  faid  as  much.  ^  An,  4.  Charles  K 


X628. 


Mr.  HackweU  argued  againft  Privilege,  in  the 
Time  of  Prorogation/ 

Mr.  Noy  faith,  •  He  made  no  Doubt  but  Privi- 
lege was  in  force  in  Time  of  Prorogation,  until  he 
heard  this  Argument  of  Mr.  HackweU'^  and  faith. 
He  hath  heard  nothing  from  him  yet  that  doth  al- 
ter his  Opinion  ;  and  cited  a  Cafe,  where  the  Lords 
Houfe  hath  this  very  Prorogation  adjudged  to  be 
the  Privilege  thereof. 

Mr.  i&^ito^y/anfwered,  <  He  is  glad  to  hear  it 
is  fo,  and  he  is  now  of  the  fame  Opinion/  Then 
it  was  rcfolved,  upon  Queftion,  That  Mr.  Rolls 
ou^t  to  have  Privilege  of  Parliament,  for  his  Goods 
feized  TpOSiober^  5  Jacobin  and  all  lince. 

The  Committee  was  adjourned  till  Monday ^  and 
the  Cuftomers  to  attend. 

Accordingly,  on  that  Day,  Sir  Humphry  May 
faid,  '1  will  never  ceafc  to  give  you  the  beft  Ad- 
vice I  can.  We  all  agree  a  Wound  is  given.  We 
have  Wine  and  Oil  before  us :  If  we  go  to  punifli 
Delinquency,  there  is  Vinegar  in  the  Wound  j  there- 
fore think  on  fome  Courfe  to  have  Reftitution.' 

Sir  John  Elliot.  '  The  Queftion. is,  whether 
we  fhall  firfl:  go  to  the  Reftitution,  or  to  the  Point 
of  Delinquency  5  but  fomc  now  raife  up  Difficul- 
ties, in  Opposition  to  the  Point  of  Delinquency, 
and  talk  of  Breach  of  Parliaments;  and  other  Fears 
I  meet  with,  both  in  this  and.elfewhere. 

'  Take  heed  you  fall  not  on  a  Rock:  I  am  con- 
fident this  would  be  fomewhat  difficult,  were  it  not 
for  the  Goodnefs  and  Juftice  of  the  King.  Let  us 
do  that  which  is  juft,  and  his  Goodnefs  will  be  to 
clear,  that  we  need  not  miftruft. 

'  Let  thofe  Terrors,  that  are  threatened  us,  light 
on  them  that  make  them,*  why.ftiould  we  fear  the 
Juftice  of  a  King,  when  we  do  that  which  is  juft  I  Let 
there  be  no  more  Memory  or  Fear  of  Breaches,  and 

let 


3  1 8   The  Parliamentary  History 

^■.^.Chirtrii.let  us  now  go  to  the  Delinquency  of  thefe  Men  j- 
'**'■         and  that  is  tlie  only  Way  to  procure  Satisfadion,' 

Secretary  deie    anfwered,  '  Tliat  we  laboured, 

*'■"""  the  laft  Day,  to  bring  to  out  End  ;  now  we  fall  ta 

'  *     "^''  this  Ifl'ue,  lo  proceed  to    the  Delinquency  of  thefe 

I  Menj  our  Ground  is,   becaufc  they  had  no  Com i 

mand  from  his  Majeffy.     I  mult  fpeak  plain;  his 

Majefty  took  Notice  of  our  Labour,  and  that  wa 

endeavoured  to  fever  the  Aftof  the  Cuftomers  from 

hisMajefty's  Command. 

*  His  Majefty  commanded  me  to  tell  you,  that 
it  concerns  him  in  high  Degree  of  Juftice  and  Ho- 
nour, that  Truth  be  not  concealed;  which  is,  that 
what  they  did,  was  by  his  own  direfl  Orders  and 
Command,  or  by  Order  of  the  Council- Board,  hii 
Majefty  himfelf  being  prefent;  and,  therefore, 
would  not  have  it  divided  from  his  AiSt,' 
Report  cefldern-  Report  was  made  from  the  Grand  Committee^ 
fagPiiviltp.  (,^f  ^]^gj,  j„p|,  i„j„  jheir  Confideration  the  Viob-. 
tion  of  the  Liberties  of  the  Houfe  by  the  Cuftomers  j 
and  at  laft  they  refolved,  That  a  Member  of  the 
Houfeought  tohave  Privilegeof  Perfon  and  Goods  j 
and  that  the  Command  of  his  Majefty  is  Co  great, 
that  they  leave  it  to  the  Houfe. 

Secretary  Csoie  faith,  '  That  howfoever  this 
Houfe  labours  to  fever  the  King's  Intereft,  his  Ma- 
jefty thinks  this  Diftinftion  will  not  clear  his  Ho- 
nour :  He  is  the  Fountain  of  Honour,  and  he  will  not 
be  drawn  to  do  rhat  which  may  touch  him,  tho'  »- 
ihers  may  make  DiftinSions.' 

Sir  Reherl  Philipt.  »  I  had  rather  pray  to  God 
to  direct  us  than  give  any  Direflion.  The  King's 
Honour,  Juftice  and  Government  are  now  prefent- 
ed  unto  us,  and  alfo  the  eflential  Liberty  of  this 
Houfe  ;  and  we  are  now  fit  for  Debate  orCoutifel, 
in  the  greateft  Concernments  ;  our  beft  [Thoughts 
and  Wits]  ate  fummoned  what  to  do.' 

Hereupon  the  Houfe  was  adjourned  to  the  J5th  j 
and,  upon  that  Day,  the  following  Heads  of  Arti- 
cles for  Religion,  being  prefeiited  to  the  Houfe,  were 
read. 

HeadjI 


I 
I 


1 


0/    E  N  G  L  A  N  D.      319 

Heads  ar  Articles  lobe  infiftcd  on,   and  agreed  AB,^.C\.ti\ti 

upon,  eta  Sut-Commlnee far  ^ELiGiott.  '**^' 

'  I.  -TT  HAT  we  call  to  Mind,  how  that,  in  the  HcadsorAnk: 
'        1     laft  Seffion  of  this  Parliament,  we  prefent- !«  RcJisi""- 
'  cd  to  his  Majefty  an  humble  Declaration  of  the 

<  great  Danger  threatened  to  this  Church  and  State, 
'  by  divers  Courres  and  Ptafliccs  tending  to  the 
'  Change  and  Innovation  of  Religion. 

'  II.  That  what  we  then  feared,  we  do  now  fen- 

*  fibly  feel;  and,  therefore,  have  J u ft  Caufe  to  rc- 
'  new  our  former  Complaints  herein. 

'  III.  That,  yet  neverthelefs,  wc  do,  with  all 
'  Thankfulnefs,  aclcnoft'ledge  the  great  Blcffing  we 

<  have  received  from  Almighty  God,  in  fetting  a 
'  King  dver  us,  of  whofe  Conftancy  in  the  Profef- 
'  fion  and  Praftice  of  the  true  Religion  here  efla- 

*  blilhed,  we  reft  full  aflLred;  as  likewife  of  his 
'  rooft  pious  Zeal  and  careful  Endeavour  for  the 
'  Maintenance  and  Propagation  thereof;  being  fo 

*  far  from  having  the  leaft  Doubt  of  his  Majefty's 

*  Remifnefs  therein,  that  we,  next  under  God,  af- 
'  cribe  unto  his  own  Princely  Wifdom  and  Good- 
'  nefs,  that  our  Holy  Religion  hatii  yet  any  Coun- 

*  tenance  at  all  amongft  us. 

'  IV.  And  for  that  the  pious  Intention  and  En- 
'  deavours,  even  of  the  beft  and  wifeft  Princes,  are 
«  often  fruftrated  thro'  the  Unfaithful  nefs  and  Carc- 
'  lefenefs  of  their  Minifters;  and  that  we  find  a  great 
'  Unhappinefs  to  have  befallen  his  Majefty  this 
'  way;  we  think,  that  being  now  aflembied  in  Par- 
'  liament  to  advife  of  the  weighty  and  important 

*  Affairs  concerning  Church  and  State ;  we  cannot 
'  do  a  Work  more  acceptable,  than,  in  the  firft 
'  Place,  according  to  the  Dignity  of  the  Matter, 
'  and  Neceflity  of  the  prefent  Occalions,  faithfully 

*  and  freely  to  make  known,  what  we  conceive 
'  may  conduce  to  ilic  Prefervation  ofGod'sReligi- 
'  on,  in  great  Peril  now  to  be  loft  j  and,  therewith- 

*  al,  the  Safety  and  Tranquility  of  his  Majefty  and 

*  his  Kingdoms  now  threatened  with  ceruin  Dan- 

*  gcrs.     For  the  clearer  Proceedings  therein,  we 

*  fiiall  declare, 


320  The  Parh'ameritaryHi^roRY 
i.      'I.  Wliat  thofc  Dangers  and  Iiiconvenieni 

'  2.  Whence  rhey  arife. 

'  3.  In  feme  Sort,  how  they  may  be  rcdreflerf.  * 

*  l"he  Dangers  may  appear,  partly,  from  the 
'  Confideraiion  of  the  State  of  Religion  abroad  ; 
'  and,  partly,   from  the  Condition  thereof  within 

*  his  Majefty's  own  Dominions,  and  efpecially  widi- 
'  in  this  Kingdom  of  j&n^/iJTi/. 

*  From  abroad  we  make  thcfe  Obrervations. 

'  I.  By  the  mighty  and  prevalent  Party,  by  which 

*  true  Religion  is  aflually  oppofed,  and  the  contrary 

*  inaintaincd. 

'  2.  Their  combined  Counfels,  Forces,  At- 
'  tempts,  and  Pradlices,  together  with  a  moft  dili- 
'  gent  Purfuit  of  their  Defigns,  aiming  at  the  Sub- 

*  vcrfion  of  all  the  Pmttfttint  Churches  in  Chrijlm- 

'  3.  The  weak  Rcfiftancc  that  is  made  againft 
'  them. 

*  4.  Their  viiSorious  and  fuccefsful  Enterprizes, 
'  whereby  the  Churches  of  Germany,  France^   and 

*  other  Places,  are  in  a  great  Part  already  ruined,  and 

*  the  reft  in  the  moft  weak  and  raiferabie  Condition. 

'  InhisMajefty'sown  Dominions,  thcfe  ; 

*  I.  In  5m//u»(/,  the  Stirs  lately  raifed  and  Info- 

*  lencies  committed  by  the  Popijh  Party,  have 
'  already  not  a  little  diftjuietcd  that  famous  Church; 
'  cf  which,  with  Comfort  we  take  Notice,  his  Ma- 
'  jefty  hath  exprefled  himfelf  exceeding  fenfible  ; 
'  and  hath,  accordingly,  given  moft  Royal  and 
'  Prudent  Dirc£tions  therein, 

'  2.    Ireland  is  now  almoft  wholly  gverfpread 

*  with  Papery,  fwarming  with  Friars,  Priefts,  and 

*  Jefuits,  and  other  fuperftitious  Perfons  of  al!  Sorts; 
'  whofe  Prattice  is,  daily,  to  feduce  his  Majefty*s 
'  Subje<Ss  from  their  Allegiance,  and  to  caufe  them 
'  to  adhere  to  his  Enemies. 

'  That  even  in  the  City  of  Dublin,  in  the  view 
'  of  the  State,  where  not  many  Years  fmce,  as  we 
'  have  been  credibly  informed,  there  were  few  or 
•I  .  '  nunc 


Of  E  N  G  L  A  N  D.    321 

^  none  that  refufed  to  come  toChurch,  tbere  2Lre.Avi^^C\ax\taA 
latdy  reftored  and  creded  for  Friars,  Jefuits,  and  *^**' 
idolatrous  Mafs-Priefts,  thirteen  Houies,  being 
more  in  Number  than  the  Pariih  Churches  within 
that  City ;  be&les  many  more,  likewife,  ereded 
in  rile  beft  Parts  of  the  Kingdom  -,  and  the  Peoplc» 
almoft  wholly,  revolted  from  our  Religion^  to  the 
open  Exercife  of  P^fpijb  Superftition. 
^  The  Danger  from  hence  is  further  incieafedy 
by  Reafon  of  the  Intercourfe  which  the  Subjeds, 
of  all  Sorts,  in  that  Kingdom  have  into  Spairty 
and  the  Jrch^Dtuhi/s^s  Country  i  and  that,  of 
late,  divers  principal  Perfixis  being  Pepifis  are 
trufted  with  the  Command  of  Soldiers ;  and  great 
Numbers  of  the  Irijh  are  acquainted  with  the 
Exercise  of  Arms  and  Martial  Difcipline  ;  which, 
heretofore,  hath  not  been  permitted,  even  in 
Times  of  greateft  Security. 
^  Ldft^y  Here  in  England  we  obferve  an  extra* 
ordinary  Growth  of  Popery^  infomuch  that  in  fomc 
Counties,  where  in  Queen  Elizabeth's  Time  there 
were  few  or  none  known  Recufants^  now  there 
are  above  2000,  and  all  the  reft  generally  apt  to 
revolt, 

^  A  bold  and  open  Allowance  of  their  Religion, 
by  frequent  and  publick  Refort  to  Ma&,  in  Mul- 
titudes, without  Controul,  and  that  even  to  the 
Queen's  Court ;  to  the  great  Scandal  of  his  Ma* 
jefty's  Government. 

^  Their  extraordinary  Inibfence;  for  InAancey 
the  late  £re£Ung  of  a  College  of  Jefuits  in  CUrk-^ 
mtvitly  and  the  flrange  Proceedings,  didreiipon 
tis'il^  in  favisur  of  them* 

^  The;  £ubtile  and  pernicious  fpreading  of  the 
Jrmbaan  Fadion  $  whereby  they  have  kindled 
fucb  jkf  ice  of  Divifion  in  the  very  Bowels  of  the 
StaHe,  ^s  if  not  fpeediiy  extinguifhed,  it  48  of  itfelf 
fofficient  to  ruin  our  Religion  $  by  dividiag  ut 
fjrpnithe  Refitmid  Churchn  Abroad,  andfepaf^t- 
ing  amongft  ourfelvcs  at  H^kbc,  by  cafting  Doii^tff 
upon  the   RdUgioa  pr^ci0eA  aiid   cftablilM; 

^  wfcidi,  if  iaulQr  or  qiieftionablt  in  Afct  or  ibur 
VaL.  VUL  X  ^t- 


^,4.Chirl4l' (  Articles,   will  be  rendered  fufpidous  to  unfbbf^ 

*  Minds,  In  all  the  reft  i  and  incline  them  to  Popi/^, 
'  to  which  thofe  Tenets,  in  their  own  Nature,  do 
'  prepare  the  Way :  So  that  if  our  Religion  be  fup- 

*  prelTcd  and  deftroyed  Abrosd,  difturbed  in  Sigt- 
»  iand,  loft  in  Ireland,  undermined  and  alnioft  ou(- 

*  dared  in  England,  it  is  manifefl:  tliat  our  Danger 
'  is  very  great  and  imminent. 

'  The  Caufes  of  which  Danger  here,  smongft 

*  divers  others,  we  conceive  to  be  chiefly  thefe  in- 

*  Itanced  in. 
»   I.  The  Sufpcnfion  ot  Negligence  in  Executi- 

*  on  of  die  Laws  agalnft  Papery. 
'  2-  The  late  Proceedings  againft  the  College  of 

*  Jefuits. 

*  3.  Divers  Letters  fent  by  Sir  Rohert  Htath, 

*  bis  Majefty's  Attorney,  into  the  Country,  for  ftay 
'  of  Proceedings  againft  Rccufanis.. 

'  4,  The  publifhing  and  defejiding  Points  oiPo- 

*  firf  in  Sermons  and  Books,  without  Puni(haientj 

*  inftance  Eifliop  Alaualague'i   three  Books,  viz. 

*  The  Gagg,  .Invocation  of  Saints,  and  his  Appeal; 
•.  alfo  Dr.  6'0/lKi's  Horary,  and  the  BiQiop  of  G^k- 

*  ce/ler*&  Sermons. 

*  5.  The  bold   and   unwarranted   introducing, 

*  praflifing,  and  defending  ot  fundry  new  Ceremo- 

*  niea,  and  laying  of  Injunctions  upon  Men  by  Go- 
'  vernors  of  the  Church  and  others,  without  Au- 

*  tliority,    in  Conformity  to  the  Church  of  ^sw; 

*  as  for  Example,  in  fome  Places  erefUng  of  Altars, 

*  in  others  changing  the  ufual  and  prefcribed  Man- 

*  ner  of  placing  the  Communion-'l'ablc,  and  fetting 

*  it  at  the  upper  End  of  the  Chancel,     North 

*  and    South,    in  imitation  ot  the  High    Altar; 

*  by  which  the/,  alfo,  call  it,  and  adorn  it 
'  with  Candleflicks,  which,    by  the  IrjunStons, 

*  ylmo  10  i'iz.   were  to  be  taken  away ;  and  do 

*  alfo  make  Obeilancc  by  bowing  thereunto,  com- 

*  manding  Men  to  ftand  up  at  Gloria  Patri  ;  bring- 

*  ing  Men  to  Queilion  and  Trouble  for  not  obcy- 
»  ing  that  Command  for  which  tliere  is  no  AutbQfi- 

*  ty ;  injoiniiig  that  no  Woman  be  church'd  without 
*aVoa; 


•^'  U  ;Churchd^  J    i^riyinr  tcmms  the  'Eaft,        *<5^»- 

••■^^6:^  The  falfe  atid c6urfteffcitCoftfoi'mief  oT/^^'. 
^'^5?Xi  S^ei^by  they  do'npt  only  fivadi^  die  Liw, 
^' tlit^aiitkin  Wac^^'of  Truft  and  Authdrity  j  inl 
•'•ftiiilbfe  Mr.  5row«^  6f  Ox/ordi,  and  hfs  Treatife 
^.written. to  that Purpofe;  the  Blfhbp  of  Giout^/fer  i 

*  jiiid  the  now  Bifliop  of  Durham.  "       '   * 
V--C  Qjp.  The-  Su'pprefling  antf  Reftrarrit  of  thc'Ortho- 

*  dox  Doftrine,  contained  in  the  Articled  of  Reli^i- 

*  ■  bit,  confirmed  in  Parliament,  13  Eliz.  atJcbrding  to 

*  the  Seofe  which  hath  been  received  publickly,'  and 

*  taught  as  the  Doihine  of  the  Church  of  England 
« ;  in  tbofe  Pointsy  wherein  the  Jrminians  diffef  ffom 

*  us,'a:nd  other  the  Reformed  Churches  *y  \)therein  the 
f  "Offence  of  our  Articles.,  in  thofe  controverted 

*  Points,  is  known  and  proved. 

*  \^  t.  ^be  piiblifhing  of  Books,  and  preaching  of 

*  Sermons,  contrary  to  the  former  OrtliodoX  Dbc- 
. trine," arid  fuppreffing  Books  written  in  Defence 

^  thereof;  inftance  Bifhop  Mountague^s  Gagg  and 
r  jfppeaiy  Mr,  Jadfon's  Book  of  the'Effence  and 
r  Attributes  of  God,  Dr.  White*s  two  Sermons 
«,^r^chfd.  at  .Court,  one  upon  the  5th  oiNMirn^ 

*  ber^  the  other  on  Ghri/imas-Diy  hft:  And  for 
«  Orthodox  -Books  fupprefled,  inftance  in  all  that 

*  havie  been  written  againft  Bifhop  MoUntague  and 
t  Ci^jj^eareven  Bifhop  Carleton's  Book. 

c-  ^-g.  That  thefe  Perfons  who  have  publifhed  and 

*  Inainteined  fxich  Papt/iical,  Arminhany  and  fuper- 
*-Jflki<ius  Opiniohs  and  Praflices, '  who  are  known 
^'fet^unfouM  in  Religion, are  countenanced,  fa- 
<  Wi/ped,'Md  preferred :  Inftance  Mr.  Mountague 
<^  nfi»^«ifl^  of  Chiclyejier ;  alfo  the  late  Bifhop  of 
*^i©iW/ffe;  fen€§'his  laft  Arminian  Sermon  t^reached 
^kt 'Cfcurti,^j4d'vaiK:ed  to  the  Bifhoprick  of  Nor^}ih  ; 
»f&vte,rfa^>ft^«/«iVmade  Bifbop  of  fii^'f  the  Bi- 
♦39»p.of't%M/,  along-fuQifeaed  Papi/i;/^^^^^' 

*  iei&d  to  tbt- 'Bifhoprick  of  'Durham ;  Mr.  C^fej, 
•'iitfrttflfeediittJ  Df^ity  ancJVar  ^itsit^LMrig ;   Dr, 


e  ll3  V 


.\^ 


324  'The  ParliamenieryliiSTOR-^ 


1 

sfffi* 


Aa-4-CliuIcf!.(  Zfrai,  made  Dean  oi  IV'tiuifir^  and  one  of 
ifiiS.         ,  f ligh  Commiffion  Court. 

'  10.  1  hat  (boie  Prelates  near  the  King,  having 
5  gotten  the  chief  Admiiiinration  of  EcclefiaflicaJ 

*  AfFjirs  under  his  Majcfty,   difcountenstnce   and 

*  hinder  the  Preferment  of  chore  that  arc  Orthockut, 

*  and  favour  fuch  as  are   contrary^    inflance,  tho 

*  Bifliops  of  Wimhefter  and  Landen^  in  divers  Par- 

*  ticulars. 

*  The  Points  wherein  the  Armimans  differ  from 

*  us,  and  other  the  Refermift  Churches^  in  the  Senle 

*  of  tlic  Articles  confirmed  in  Parliament,  1 3  Eliz. 

*  may  be  known  and  proved  in  thefc  controverted 

*  Points,  Wz. 

*  I.  By  the  Com moi> Prayer,  eftablifticd  in  Par- 

'  2.  By  the  Book  of  HomilieSj  confirmed  by  tbe 

*  Afls  of  Religion. 

'  3.  By  the  Catechifm  concerning  the  Points 

*  printed  in  the  Bible,  and  read  in  Churches,  and 

*  divers  other  Impreiiions  piibliihed  by  Authority. 

*  4.  By  Eifliopy«w/'s  Works,  commanded  ts 
«  be  kept  in  all  Churches,  that  every  Parilh  may 

*  have  one  of  them. 

'  ^.  Tlie  publick  Determination  of  Divinity- 

*  ProfeiTora,  puhliflied  by  Authority. 

*  6.  The  puhlick  Determination  of  Divines  in 

*  both  the  Univetfities. 

'  7.  The  Retblution  of  the  Archbiftiop  of  Can- 

*  tiriury,  and  other  Reverend  Bifllops  and  Divines 

*  allembled  at  Lambeth,  for  this  very  Purpofc,  to 
'  declare  their  Opinions  concerning  thofc  Points, 

*  jfoOT  1595,  unto  which  the  Archbifhop  of  Ttri 

*  and  all  his  Province  did  likewife  agree. 

*  8.  The  Articles  of  Ireland,  tlio'  framed  by  the 

*  Convocation  there,  yet  allowed  by  the  Clergy  and 

*  State  here, 

'  g.  The  Suffrage  of  the  Brilijh  Divines,  fentby 
'  our  late  Sovereign  King  yanus,  to  the  Synod  of 
'  Dort. 

'  10.  The  uniform-Confent  of  our  Writers  pub- 

*  liflied  by  Authority, 

*  1 1.  The 


N.^ 


0/   E  N  G  L  A  N  D.      325 


*r  *  II.  The  Cenfuresi  Recantations,  PunHhments  Aa,4.  Charksl 
5  and  Submiffions,  rnade^  enjoined,   and  inflicied      '  *^*^' 
^  upon  thofe  that  taught  cotnrary  thereunto,   as 

<  Barrow  and  Barrett  in  GawAridgey  and  Bridges 

*  in  Oxford.  . 

<  The  Remedy  of  which  Abufes  we  conceive 
^'msy  bc'tbefe. 

*  !•  Due  Execution  of  Laws  againft  Paptjis, 

*  2.  Exemplary  Panifhment  to  be  infli£ked  upon 
f  Teachers,  Publtfbers,  and  Maintainors  of  Pop'ijh 

*  Opinions,  and  pradtifing  of  fuperftitious  Ceremo- 
f  nies,  and  fome  ftri<3£r  Laws  in  that  Cafe  to  be 

<  provided. 

*  3.  The  Orthodox  Dofirine  of  our  Church, 

*  in  thefc  now  controverted  Points  by  the  Arminwn 

*  SeiV,  may  be  cftablilhed  and  freely  taught;  ac- 
^  cording  as  it  hath  been  hitherto,  generally,  receiv- 

*  ed,  without  any  Alteration  orlnnovation ;  and  fevere 

*  Puniihment,  by  the  fame  Laws,  to  be  provided 

*  againft  fuch  as  fliall,  either  by  Word  or  Writing, 
*,  publiih  any  thing  contrary  diereunto. 

^4.  That  the  faid  Books  of  Bifhop  Mountague 
^  and  Cofins  may  be  burned. 

*  5.  That  fuch  as  have  been  Authors,  or  Abet- 

<  tors,  of  thofe  Popijh  and  Arminian  Innovations  in 

<  Dodrine,  may  be  condignly  puniflied. 

<  6.  That  fome  good  Order  may  be  taken  for 

<  licenfing  Books  hereafter. 

<  7.  That  his  Majefty  would  be  gracioufly  pleaf- 

<  ed  to  confer  Biihopricks^  and  other  Ecclefiaftica) 

*  Preferments,  with  Advice  of  his  Privy-Council, 
^  upon  learned,  pious,  and  orthodox  Men. 

^8.  That  Biihops  and  Clergymen  being  well 

*  chofcn,  may  refide  upon  their  Charge,  and  with 

<  Diligence  and  Fidelity  perform  their  feveral  Du- 
^  ties,  and  dut  accordingly  they  may  be  counte- 
^  nanced  and  preferred. 

^  9.  That  fomeCourfe  may,  in  this  Parliament, 
^  be  confidei^d  of,  for  providing  competent  Means 
^  to  maintain  a  godly,  able,  Minifter  in  every  Pa-  . 

f  irifb-ChurcI^  of  this  Klingdom^- 

X3   -  ^  10. That 


ebiifcrf-  .  *  lOL  That    his  Majefty.  wouW  bc-:gifiH6ii^ 
,'^**'         *  p'eafed  to  make  a  fpccial  Choice  of  fuch  Borliins, 
'»"i;\  ■  *  for  thcE>:ecutionofhis£cderial1icalCDimni&Bn$, 

'  '  '  (  2s  arcapproved  torlntegriiy  ofLifeand<Sonndnels 

*  of  Dodlrinc'  ■  ! 

Immediaiely  after  the  reading  the  above  Atrtida, 
the  King  fent  to  command  both  Houfes  to  axljbbni 

to  Monday  the  2d  of  Aiarch :  On  which  Day^iSir 

sJ.ThVg.inft ''?'"^«  £///«/,  after  Prayers  were  ended,  and  die 

ijie  Lojd  Tjea-  Houfc  fet,  ftood  Up  and  faid,  '  God  knows  I  ifieak 

liiftt.  jK,^  with  all  Duty  to  the  King.     It  is  true,   the 

Misfortunes  wc  futfer  are  many  ;    we  know  what 

Difcoveries  have  been  made  here  in  thefe  Articles, 

'  '  and  how  Arminianijm  cieeps  in  and  undermines  us, 

'■  ■  9nd  how  Papery  comes  in  upon  us.     They  malk  not 

T'ljfl  ft  range  Difguifes,  but  expofe  themfelves  to  the 

•■'View  of  the  World;    In  the  Search  of  thefc,  we 

.    bave  fixed  our  Eyes,  not  on  ihe  Aftors,    the  Jc- 

fuits  and  Priefls,  but  upon  their  Maflers,  thofe  that 

are  in  Authority  ;  thence  it  comcih  we  fuiFer  ;  the 

Fear  of  them  makes  thofe  Interruptions.     Youhave 

«KV^<tt<^iR^i"ftpme  Prelates  that  arc  their  Abettors  j    the- great 

-J^'i^  '"  ^''^OP  oiiyinch^Jier,  wc  know  what  he  hath  done 

(•t*i|tniwT  ^  -  i-to  favour  them.     This  Fear  extends  to  fome  others, 

.■■ihtM^  '■!■  ihar  contra£t  a  Fear  of  being  difcovcred  j    that  is, 

'■«,  the  Lord  Treafurir^  in  whofe  Perfon  all  Evil  Is  con- 

■    trailed,   both  fur  the  Innovation  of  Religion,  and 

<- Invafion  of  our  Liberties;  he  being  the  great  Ene- 

-  ^  my  of  the  Common- Wealtli.  I  have  traced  him 
' '    in  all  his  Actions,  and  I  hnd  him  building  on  thofe 

Grounds  laid  by  his  Mailer  the  Great  Dulce;  he, 
,'  •-•  fecrctly,  is  moving  for  this  Interruption  ;  and  from 

\rthis  Fear  they  go  about  to  break  Parliaments,  left 
c<  -  parliaments  Ihould  break  them. 

-  -  -  '  I  find  him  the  Head  of  ail  that  Party,  the  Pa- 
.'  fifli;  and  all  the  Jefnii!  and  Pritjlx  derive  from 
:i,-him  their  Shelter  and  Proteiiion. 

'i'  *  And  I  protcft,  as  lam  a  Gentleman,  ifm.yFor- 
=  -  tune  be  ever  again  to  meet  in  this  HonouraWe  Af- 
'   fcmblj']  whefe  1  now  le^re,  I  wiU  begin  ^ain.' 


O/:    E  N  Q  L  A^  D  :.i.j27 

The  Speaker,  being  fet  in  the  Chaflf,  delivered  a  An*  4^  9^i»£j«I« 
iMeflage'  from  his  Majefty,  cotntnandiitg .  hioi,  7i  ^jic  jSker  de- 
i^curn  the  Houjt^  until  Tustd^ycm^Sevepnigfit liven tht  King*! 
foliowing^'  -  Meffagc  for  a 

To  this  feveral  Members  objeaed,  '  That  it  was  ^^ntT    ^^"^"^ 
not  the  Office  of  the  Speaker,  tp  deliver  any  fuch 
Commandunto  them.;  for  the  Adjournment  of  the 
Houfe  did  properly  belong  unto  themfelvcs:  Andga^d^  by'ue^*' 
after  they  had  fettled  fome  Things,  they  f bought  Hoofe. 
convenient  to  be  fpoken  of,  they  would  fatisfy  the 
,King.''       '  , 

Sir  Jdhn  Elliot  faid,  ^  That  in  the  great  Bufineis  of 
.Tunnage  and  Poundage,  the  Inftruments  thereof  / 

were  moved  at  the  Ijo^d  Tuafurer^.s  Command ; 
•who  difmayed  the  Merchants,  invited  Strangers 
to  come  in  to  drive  oat  our  Trade,  and  all  to  ferve  , 

his  own  Turn  /  And  thereupon  offered  a  Remon- 
ftranoe,  which,  being  refufed  to  be  read  both  by  the 
jSpeaker  and  Clerk,  was  reflored  tohim  again;  and^ 
by  bira,  read  in  tbefc  Words  fpUowing. 

Moji  Gracitius  Sovereign^ 

OURmoflloyal  and  dutiful  Subject  ^^tJ^knEWit 
_    Commons  in  this  prefent  Parliament  ^em-^J^^^^^ 
bled,  being  in  nothing  more  careful  than  of  the  ing  Tonnage  an^ 
Honour  and  Profperity  of  your  Majefty  and  the  Poundage. 
Kingdom;  which  depend  upon  that  happy  Union 
and  Relation  betwixt-  your  Majefty  and  your 
People,  do  with  much  Sorrow  apprehend,  that 
by  reafon  of  the  Uncertainty  of  their  Continu- 
ance together,  the  unexpected  Interruptions  which 
have  been  caft  upon  them,  and  the  Shprtnefs  of 
^  Time  in  which  your  Majefty  hath  determine^  to 
^  end  this  SeiTion,  they  cannot  bring  to  Matjurity 

*  and  Perfeftion  diversBufinefftsof  Weight,  which 

*  they  have' taken  into  their  Cpnfideratioh  and  Re- 

<  folution,  aa.moft  important  for  the  Common  good* 

'  Amongfl  other,  things  they  have  taken  iota  their 
^  efpecial. Care  the  preparing  aBiUfor  th^  grants 

<  ing  to  your  Majefty  fuch  a  SuJDfidy  of  T^image.^ 

<  axul.Poundage»fa$  ,inigbtr«Hrfi^,4y^U'^  Projfif^  4nd 
ff.  Revenue,  in  as  ample  manner,,  sm  dieir  juft  Cara 

X  4  ^  ^j^\ 


:y 


m  ^ 

I^P  328  7he  Pariiametttary  HmtKY 

**4jC^>W.*  and  Refpca  for  Trade  (whrrein  not  only  tfaeProf- 

*  pcrity,  but  even  the  Life  of  the  Kingdom  dotb 
'  confiil)  wuuld  permit ;  but  being  a  Work,  which 

*  will  require  much  'littie  and  Prcparatioji  by  Con- 
»  ferencc  with  your  Majefty's  Ofliceti,  wid   with 

*  the  Merchants,  not  only  of  L^ndtm,  but  of  other 

*  remote  Parts,  they  fintl  it  not  polEble  to  be  ac- 

*  complithed  at  this  U'ime.     Wherefore,  confider- 

*  ing  it  will  be  much  more  prejudicial  to  the  Right 

*  of  the  Subje^s,  if  your  Majcfty  {hould  continue 

*  to  receive  the  fame  without  Authority  of  Law, 

*  after  the  Determination  of  a  Seflion,  than  if  there 
'  had  been  a  Recefs  by  Adjournment  only ;  (in  which 

*  Cafe  that  intended  Grant  would  have  related   to 

*  the  tirft  Day  of  the  Parliament)  and  alluring  ihem- 

*  feivea,  that  your  Majefty  is  refolved   to  obferve 

*  that  your  Royal  Anfwer,  which,  you  lately  made 

*  to  the  Petition  of  both  Houfcs  of  Parliament :  Yet 

*  doubting  lell  your  Majetiy  may  be  milinformed 

*  concerning  this  particular  Cafe,  as  if  you  might 
'  continue  to  take  the  SubfiUies  of  Tunnage  and 
'  Poundage,    and  other   Impofitions   upon   Mer- 

*  chants,  without  breaking  that  Anfwer  ;  they  are 
'  forced,    by   that  Duty  which  they  owe  to  your 

*  Majefty  and  to  thofe  whom  they  reprefent,  to  de- 

*  dare,  That  there  ought  not  any  Impojitien  to  ht  laid 

*  '  upon  the  Gasds  of  Merchants  exparUd  or  imparted^, 

*  without  eommon  Cenfcnt  by  Afi  of  Parhamtnt ; 
<  which  is  the  Right  and  Inhtritante  of  your  Suh' 

*  je^s,  grounded  rial  only,  upon  the  me/i  antimt  and 

*  criginai  Confliiiition  of  [his  Kingdom,  but  eflM  ctitr- 

*  firmed  end  declared  in  divers  Statutes  and  Laws. 
«  And,  for  the  better  Manifeftation  thereof,  may 

*  k  pleafe  your  Majefty  to  underftand,  'ITiat  al- 

*  though  your  Royal  Predeceflbrs,  the  Kings  of  diis 

*  Realm,  have  often  had  fuch  Sibfidics  and  Impo- 

*  fitions  granted  unto  them  upon  divers  Occalions, 
*■  efpecially  for  the  guarding  of  the  Seas,  and  Safe- 

*  guard  of  Merchants}  yet  the  SubjeSs  have  been 
*"  ever  careful  to  ufe  fuch  Cautions  and  Limitations 
>  in  thofe  Grants,  as  might  prevent  any  Claim  ta 

iiif^iiehiade  thaifuch  Subfidies  do  proceed  tromDuty, 
!•>■»'  'and 


<y  E  N  G  L  A  N  D.      529 

^  aid  not  from  the  free  Gift  of  the  Subje<Et ;  and  Aii«4.ClKRt!di  |. 
that  they  have,  heretofore,  ufed  to  limit  a  Time  ^^**' 
in  fuch  Grants,  and  for  the  moft  Part  but  {hort^ 
as  for  a  Year  or  two.  And,  if  it  were  continued 
longer,  Acy  have  fometimes  dire(^ed  a  certain 
Space  of  Ceflation  or  Intermlilion  ;  that  fo  the 
Right  of  the  Subje£l  might  be  more  evident  at  aH 
other  Times.  It  hath  been  granted,  upon  Oc* 
cafions  of  War,  for  a  certain  Number  of  Years  ; 
with  Provifo,  that  if  the  War  ended  in  the 
mean  time,  then  the  Grant  fhould  ceafe ;  and,  of 
courfe,  it  hath  been  fequeftred  into  the  Hands  of 
fome  Subje£b,  to  be  imployed  for  the  guarding 
of  the  Coafts  and  Narrow  Seas.  And  it  is  ac* 
knowledged,  by  the  ordinary  Anfwers  of  your 
Majefty's  Predeceflbrs  in  their  AiTents  to  the  Bills 
of  Subiidies,  proceeding  from  the  Good-will  of 
the  Subje£b  :  Very  few  of  your  Predeceflbrs  had 
it  for  Life,  until  the  Reign  of  Henry  the  Seventh  ( 
who  was  fo  far  from  conceiving  that  he  had  an/ 
Right  thereunto,  that  although  he  granted  Com-^ 
mimons  for  the  coiledmg  of  certain  Duties  and 
Cuftoms  due  by  Law,  yet  he  made  no  Commiffi- 
ons  for  receiving  of  the  Subfidies  of  Tunnage  and 
Poundage,  until  the  fame  was  granted  unto  him  in 
Parliament. 

'  Since  his  Time,  all  the  Kings  and  Queens  of 
this  Realm  have  had  the  like  Grants  for  Life,  by 
the  free  Love  and  good  Will  of  the  Subje£t ;  and 
whenfoever  the  People  hare  been  grieved  by  lay- 
11^  any  Impofitions  or  other  Charges  upon  their 
Goods  or  Merchandizes,  without  Authority  of 
Law;  (which  hath  been  very  fcldom)  yet  upon 
Complaint  in  Parliament,  they  have  been  forth- 
with relieved ;  faving  in  the  Time  of  your  Royal 
Father,  who  (having,  through  ill  Advice,  raifed 
the  Rates  and  Charges  upon  Merchandizes  to  th^ 
Height,  at  which  they  now  are)  was  yet  pleafed 
fo  farto yield  to  the  Complaint  of  his  People, ^s  to 
offer.  That  if  the  Value  of  thofe  Impofitions  which 
he  had  fet  m^ht  he  mjE^egood  unto  him,  be  woold 

f  bbc)^  himfidf  .9ndbi^s)0^t^  Aft^ 


IT 


330  ^he  Parliamentary  \{i%ro%v 

•TfXtiria  I. «  never  lo  lay  any  other ;  which  Offer  the  Cominont 
'      ■         '  at  that  Time,  in  regard  of  the  great  Burden, 
'  irat  think  fit  to  yield  unto  (d).  . 

'  Neverthelefs  your  Loyal  Commons  in  this  Par- 
'  liament,  out  of  their  efpecial  Zeal  to  your  Sor- 

*  vice,  and  fpecial  Regard  of  your  preiKng  Occa- 

*  fions,  have  taitcn  into  their  Con fiderat ions,  fo  to 
'  frame  aGrantof  Subfidy  of  Tuntiageand  Pound- 

f  *  age    to  your   Majefty,    tliat  you   might  have 

*  bccii  the  better  enabled  for  the  Defence  of  your 

*  Realms  and  yourSubjedb,  by  being  fecured  from 

*  all  undue  Charges,  be  the  more  encouraged,  chear- 
'  fully  to  proceed  in  their  Courfe  of  Trade ;  by  the 
'  Incrcafe  whereof  your  Majefty's  Profit,  and  lifce- 

*  wife  the  Strength  of  the  Kingdom  would  be  very 

*  much  augmented ;  But  not  being,  now,  able  to 

*  accomplifll  this  their  Dcfire,  there  is  no  Courfc 

*  left  unto  them,  without  manifeft  Breach  of  their 

*  Duty   both    to  your  Majefty  and  their  Country, 

*  '^ve  only  to  make  this  humble  Declaration,  That 

*  iije' Receiving  of  Tunnage  and  Poundage,  and  other 
*■  Impjiftthns,  not  granted  by  Parliament,  is  a  Breach 

*  ef  the  ^Fundamental  Liifertits  cf  thii  Kingdom  ^  and 

*  colifrdry  to  year  Majefty's    Royal  Anfivsr  to   the 

*  Pefition  of  Right,     And,  therefore,  they  molt 

*  hi^bly  befcech  your  Majefty,  to  forbear  any  fur- 

*  tlfcr  receiving  of  the  fame;  and  not  to  take  it  in 

*  ill  Part  from  thofe  of  your  Majefty's  loving  Sub- 

*  je£h,  who  fliail   refufe  to  make  Payment  of  any 

*  fuch  Charges,  without  Warrant  of  Law  demand- 

*  ed.  And  as,  by  this  Forbearance,  your  moft 
'  Excellent  Majefty  fliall  manifeft  unto  the  World 
'  your  Royal  Juftice  in  the  Obfervation  of  your 
■  Laws;  fo  they  doubt  not  but  hereafter,    at  the 

*  Time  appointed  for  their  coming  again,  they'jhall 

*  have  Occafion  to  exprefs  their  great  Defire  to  ad- 
* '  Vance  your  Majefty's  Honour  and  Profit.' 

leSpeibtr  ic-      Thiswas  again  offered  to  be  put  toQueftion  ;  but 
'  ■  the  Speaker  f^id,   He  was  commanded  otherwi/e  by 
tht  King. 
(J)  See  the  ProcctilinyiipoB  thijOtFer  of  Kjig7j"i«  incur  s«i 


10m         ■ 

did      ■ 


aeftion  iteie- 


Of-  E  N  G  L  A"  N  t>.  *  331 

M-rTo  thisMr.SfWI^aafwered,  yLx.Speaker^  *  Ifyou  A«*  ♦•ChathpL 
...wili  not  put  the  Qucftion,  whiclj  we  command  you^       '^^ 
we  muft  fit  ftill ;  and  fo  we  ihall  never  be  able  to  do 
-affy  ihmgi     We  fit  here  by  Command  from  the 
^Kii^,  under  the  Great  Seal;  and  as  for  you,  you 
jure,  by  b»s  Majefty,  fitting  in  his  Royal  Chair  he- 
r  (ott  l;K)th  Hoafes^  appointed  our  Speaker :  And  do 
you  now  refufe  to  be  a  Speaker?' 

The  Speaker  replied ,  He  had  an  exprefs  Comrnand  ^^^  off„ing  to 
fr$m  thi  Kingf  /$  fion  as  he  bad  delivered  his  Mef-  leave  the  Houfca 
'f^g^i  ^0  rife.  And,  thereupon,  he  rofe  and  left  the  '^  ^^^^  <*p^«  *« 
Chair  J  but  was  drawn  to  it  again,  by  Mr.  HoUeSy^^^^^^' 
Son  to  the  Earl  of  Clare^  Mr.  FaUntiney  and  other 
Members. 

Mr.  Holies  (notwithftanding  Sir  Thomas  Edmunds^ 
and  other  Privy  Counfellors,  endeavoured  to  free 
.the  Speaker^  (wore,  God's  Wounds^  '  He  (hould 
fit  ftill,  till  it  pleafed  them  to  rife.' 
•  Then  the  Speaker,  with  abundance  of  Tears,  an^ 
fwered,  I  will  not  fay ^  I  will  not y  but  I  dare  not  ; 
xiefiring  that  they  would  not  command  his  Ruia 
therein,  in  regard  he  had  been  their  fait;hful  Ser- 
vant, and  would  facrifice  his  Life  for  the  Good  of 
his  Country,'  but  he  durft  not  fin  againft  the  ex« 
pcefs  Comniand  of  his  Sovereign. 

Mr.  Selden  replied,  ^  That  he  ever  loved  bis  Per- 
Ton  well,  but  he  could  not  choofe  but  much  blame 
him  now:  That  he,  being  the  Servant  of  the  Houfc, 
ihould  refufe  their  Command,  under  any  Colour ; 
and  that  hisObftinacy  would  be  a  Precedent  to  Pof- 
terity,  ifitfhouldgo  unpunifbed:  For  that  hereaf- 
-ter,  if  we  ihould  meet  with  a  diiboneft  Speaker  (as 
we  cannot  pron>ife  ourfelves  to  the  Contrary}  he 
might,  under  Pretence  of  the  King's  Command, 
refufe  to  propofe  the  Bufinefs  and  Intendment  of  the 
Houfe:  And  therefore  wifbed  him  to  proceed.; 
which  he,  ftill,  refufed  with  Extremity  of  Weep- 
ing and  fupplicatory  Orations.' 
.  Sir  Peter  Hayman^  a  Gentleoikn  of  his  own  Coun- 
try (e)^  told  him,  ^  He  was  forry  he  was  his  Kinf- 

man^  fof  that  he  was  the.Difgrace  of  his  Country » 

/•     •  ,    ■  ••  ^  -.  -    ■  ^   >.-■  ■    .  . .  ■  . 

(eJiKtnu 


33^  The  Parliamentary  HiSTOXY 

Ib.4.  Cbtilcil.  juid  a  Blot  of  *  noble  Family ;  and  that  all  tlie  In- 
'*•*■  g>nvenicnces  that  ftould  follow  (yea  tlicir  Defiiijc- 
tion)  Ihould  be  derived  to  Pi;>iienty,  as  the  IHiie  of 
hii  ihlaxh,  by  whom  be  fliould  be  remembrcd  with 
Scorn  and  Difdaln  ;  and  that  he,  for  his  Part,  iince 
he  would  not  be  pcrfuaded  to  do  his  Duty,  thought 
it  fit  he  IhouM  be  called  to  the  Bar,  and  a  new 
Speaker  chofcn,' 

In  the  mean  time,  fince  neither  Advice  nor  Threxfi 
«ould  prevail,  Mr.  HolUs  was  required  to  read  cer- 

•  tain   Articles  as  the  Proteftations  of  the  Houfej 

which,  jointly  as  ihcy  were  read,  were  allowed 
with  a  loud  Voice  by  the  Houfe :  The  Effect  of 
which  Articles  are  as  foUowcih,  viz. 

» prete«it!on  of     t  F'itQ,    Whoever  (halt  bring  in  Innovation  in 

tebiE "tMi""'     '  Keligjon,    or  by  favour  feek  to  extend   or  intro- 

*  duce  Pofcry  or  Armin'tamjm,  or  other  Opinions 
'  difagreeing  irooi  the  true  and  orthodox  Church* 
*■  Ihal]  be  reputed  a  capital  Enemy  to  this  Kingdom 
'  and  Commonwealth. 

•Secondly,  Whofoever  fliall  counfel,  or  advife, 

*  the  taking  and  levying  of  the  Subfidiesof  Tunnage 

*  and  Poundage,  not  being  granted  by  Parliament ; 

*  or  fhall  be  an  Adtor  or  Inftrument  therein,  fliali 

*  be  likewife  reputed  an  Innovator  in  the  Govern- 
'  mcDt,  and  a  capital  Enemy  lo  this  Kingdom  and 

*  Commonwealth. 

'  Thirdly,  If  any  Merchant  or  other  Perlbn 

*  whatfoevcr,  Iball  voluntarily  yield  or  pay  the  laid 

*  Subfidies  of  Tunnage  and  Poundage,  not  being 

*  granted  by  Parliament ;  he  Iball,  likewife,  be  re- 

*  puted  a  Betrayer  of  the  Liberty  of  England-,  and 

*  an  Enemy  to  the  fame.' 

ri«Kin|ftnJ5  Thcfe  being  read  and  allowed  of,  the  Houfe  rofe 
W  ihe  Serjeint.  ^p^  ^fjg^  (jj^y  ^^^j  fmefj  (jowH  cwo  Hours ;  and  ia 
the  mean  time,  the  King  hearing  that  the  Houfe 
continued  to  f)t,  notwichltanding  his  Command  for 
the  adjourning  the  Houfe,  fent  a  Meflenger  for  the 
Serjeant  with  his  Mace;  which  being  taken  from 
the  Table,  there  can  be  no  further  Proceedings: 
But  the  Serjeant  was,  by  tbc  Houfe,  fiay'd  \  and 


0/  EN  GLAND.      333 

Ae  Key  oT  the  Door  taken  from  him,  and  given  to  An.  4.Char2eit« 
a  Member  of  the  Houfc  to  keep.  '^**' 

The  King  fent  Mr.  Maxwell  for  the  Diffolution  of  g^^^  ^e  bcingdc- 
the  Parliament  with  bis  Black  Rod;  but  being  in-tained,  fendttlM 
formed,  that  neither  he,   nor  his  Mcflage,  would  fjl^j^^^^ 
be  received  by  the  Houfe,  he  grew  into  much  Rage;  thcDoor. 
and  fent  for  the  Captain  of  the  Penfioners,  and 
Guard  to  force  the  Door  5  but  the  Rifing  of  the 
Houie^  wbrch  was  adjourned  to  the  Tenth  <rf  March^ 
prevented  the  Inconveniences  and  Mifcbiefe  [Blood* 
ihed]  that  thereon  might  have  enfued. 

On  the  10^**  Day  of  Marcb^  his  Majefty  came 
to  the  Houfe  of  Lords,  the  Peers  being  in  thefa^ 
Robes,  and  many  of  the  Commons  being  at  the 
Bar  of  that  Heufe  s  and  fpake  as  fottoweth ; 

My  Lords, 

INevir  cmm  hen  upon  fo  wipleafing  an  Occafton^  TheKlng't 
k  being  for  the  Dijfolutien  $f  the  Parliament  j  Speech  at  the 
therefore  many  may  wonder^  why  I  did  not  rather  ^f^^l^^ 
chooTe  to  do  this  by  Commffon ;  it  being  a  general  Maxim 
of  KingSy  to  lay  harjh  Commands  by  their  Minifiers^ 
themfelves  only  executing  pleafng  Things.     But  confi- 
dering  that  Jufiico  is  as  well  anfwered  in  commending 
and  rewarding  of  Virtue^  as  punijhittg  of  Fice^  I 
thought  it  necejary  to  come  here  this  Day ;  to  declare 
to  youj  my  Lords,  and  all  the  TVorld,  that  it  was 
only  the  dif obedient  Carriage  of  the  Lower- Houfe  that 
hath  caufed  this  Diffolution  at  this  Time ;  and  that 
you,  my  Lords,  are-fo  far  from  being  Qaufers  of  it, 
that  I  have  as  much  Comfort  in  your  Lordjhips  Car^ 
riage  towards  me,  as  I  have  Caufe  to  dijlajle  their 
Proceedings.     Yet,  that  I  may  be  clearly  underjiood^ 
I  muft  needs  fay,  that  they  do  mifiake  me  wonderfully, 
that  think  I  lay  the  Fault  equally  upon  all  the  Lower* 
Hnefe  \  for  as  I  know  there  are  many  as  dutiful  and 
loyal  Subje&s  as  any  are  in  the  JVorU'/fo  I  know  that  it 
was  only  fonn  Vipers  amongfi  them,  that  had  ca^  this 
Miji  of  Difference  before  their  Eyes ;  although  there 
^Bt^re  fome  amongfi  them,  that  would  not  be  infected 
with  this  Contagion  I  infomucb,  that  fotm  iy  their 
fpeaiing  (which  indeed  was  the  general  Fault  of  the 
I  Hou^^ 


336    7be  Parliamentary  Histortt 

i.<  good  to  Tet  liown  tiuis  much  by  vtxf  ofDeda' 
<  ration,  that  We  may  appear  to  the  World  in  the 

*  Truth  and  Sincerity  of  Our  A<5tions,  and  not 
'  in  thoTe  Colours  in  which  we  know  fomc  turbu- 

*  lent  and  ill-aiFe^tetJ  Spirits  (to  mafque  and  dif- 

*  guire  their  wicked  Intentions,  dangerous  to  the 
'  State)  would  reprcrcitt  Us  to  the  publxlc  View. 

'  We  aflembk-d  Our  Parliament  die  17*  Day  of 
'  March,  in  the  third  Year  of  Our  Reign,  for  the 
'  Safety  of  Religion,  fox  fccuring  Our  Kingdoms 
'  and  Subjefls  at  Home,  and  Our  Friends  anii  Al- 

*  lies  Abroad.  And  tiierefure  at  the  firil  Sitting 
'  down  of  it.  We  declared  the  miferable  affliiled 
'  Eftatc  of  thofe  of  the  Relbrmed  Religion  in  Ger' 

*  many,  France,  and  other  Parts  of  Chriflondom ; 
'  the  diflrciTed  Extremities  of  Our  deaiefl:  Uncle, 

*  the  King  of  Denmark,  chafed  out  of  a  great  Pan  of 

*  his  Dominions ;  the  Strength  of  that  Party  which 
'  was  united  againftUs;  That  (befides  the  Pope 
'  and  the  Houfe  of  Aujlr'ia,  and  iheir  ancient  Con- 
'  federates)  the  French  King  profcfied  the  rooting 
'  out  of  the  Proteflant  Religion ;  That,  of  the  Prin- 

*  CCS  and  States  of  Our  Party,  fome  were  over-tun, 

*  others  diverted,  and  fome  dilabled  to  give  Allif- 

*  tance.  Ffcir  which,  and  other  important  Motives, 

*  We  propounded  a  fpeedy  Supply  of  Treafure,  an- 

*  fwerable  to  the  Neceffity  of  ilie  Caufe. 

'  Thefe  Things,  in  the  Beginning,  were  well  re- 

*  fented  by  theHoufe  of  Commons,  and  with  fo  much 

*  Alacrity  and  Readinefs,    that  they  agreed  to  grant 

*  3  liberal  Aid :  But  before  it  was  hr<ujght  to  any  Per- 
'  fe£Uon,  they  were  diverted  by  a  IVluJtitude  of 
'  Quefiions,  raifed  amongll  them,  touching  their 
'  Liberties  and  Priviledges,  and  by  other  long  Dif- 

*  putes,  that  the  Bill  did  not  pafs  in  a  long  Time; 

*  and  by  that  Delay,  Our  Affiiirfl  were  put  into  a 

*  far  worfc  Cafe  than  at  the  firft;  Our  foreign  AiSi- 
»  ons  Hien  in  hand,  being  thereby  difg raced  and  ruin- 

*  ed,  for  want  of  timely  Help.  .    ; 
*  Inthis,  as  Wearenol  wiliingtoderogatelrafti'^* 

'  the  Merit  anil  good  InCeiuions  of  tliofe  wifeluti'  I 

*  moderate  Men  of  chat  Houfe  (to  wbofe  Forwvtt-  « 

'■ndV* 


O/"   E  N  G  L  A  "N  D.    337  ■ 

*  nels  We  attribute  it,  that  it  was  propounded  and  An.  4.  ChirlnT' 

*  rdblvcd    fo  loon)  fc  We  oiuft  needs  fjy,  thai  the  '***' 

*  Delay  of  palling   it  when  it  was  tefolved,  oc- 

*  calioiied  by  cautlefs  Jealoufies,  liirrcd  up  by  Men  . 
'  of  another  Temper,  did  much  leflcn  both  theRc-  ^ 
'  putation  and  Reality  of  that  Supply.     And  thi'ir  I 

*  Spirit,  inlufed  into  many  of  the  Commjffion^ra  ^^^^^B 

*  and  Affsilbn  in  the  Country,  hath  returned  up  ^^^^^| 

*  tlieSuhfidics  in  fuch  a  fcanty  Pit^ortion,  asisih-  ^^^^^H 

*  Hnilcly  ihort,  not  only  of  Our  great  Occafiuns,  ^^^^^H 
'  but  of  the  Precedents  of  former  Subiidics,  and  f>(  ^H^^H 

<  the  Intentions  of  all  well-afleiftcd  Men  in  tlut  ^^^^H 

<  Houfe.  ^^^H 

'  In  thofe  large  Difputes,  as  We  permitted  many  ^^^^^| 

*  of  Out  high  Prerc^atives  to  be  debated,  which  in  ^^^^^| 

*  thebellTimesofOur Predeceflbrshad  neverbeeii '  ^^^^^| 

*  quedioned,  without  PuniOimcnt  or  fharpRctTooT;  ^^^^^H 
'  fo  We  did  endeavour  to  have  ibotcned  thofe  De-  ^^^^^| 

*  bates,  for  winning  of  Time,  which  would  have  ^^^^^| 

*  much  advantaged  Our  great  AAairs,  both  at  home  ^^^^^| 

*  and  abroad.  And  theretbre,  boih  by  Speeches  and  ^^^^^H 

*  Mellages,  Wc  did  often  declare  Our  gracious  and  ^^^^^H 

*  clear  Rcfolution,  to  maintain  not  only  the  Parlia-  ^^^^^H 
'  ment,  but  all  Our  People,  in  their  antient  and  ^^^^^H 
'  juft  Liberties,  without  either  Violation  or  Dimi-  ^^^^^H 
'  nution ;  and  in  the  End,  lor  their  full  Satis fudlion  ^^^^^H 
'  and  Security,  did,  by  an  Anfwer,  framed  in  the  ^^^^^| 

*  Form  by  themfelves  defcrcd,  to  their  Parliamen-  ^^^^^H 
^  tary  Petition,  conlirm  their  anticnt  and  jult  Li-  ^^^^^H 
'  berties  and  Rights,  which  Wc  refolve,  with  all  ^^^^^M 

*  Conflancy  and  Juftice  to  maintain.  ^^^^^H 

'  This  Parliament,  howfocver,  bcfides  the  feeling  ^^^^^| 

■  Our  nccefTary  Supply,    and  their  own  Liberties,  ^^^^^| 

*  wafted  much  Time  in  fuch  Proceedings  (bhU-  ^^^^^H 
'  ingOurGovernmcnt,  as  We  are  unwilling  to  re-'  ~^^^^^H 

*  member)  yet  We  fuffered  them  to  fit,  until  tkem-  ^^^^^H 

*  felvesdefiredUs  toappointaTimefortheirReccft,  ^^^^^H 

*  not  namtngeitherAdjourmnent  orProrogation.  ^^^^^H 

Whereupon  by  Advice  of  Our  Council,  We  re-'  ^^^^^H 

'  folvcd  to  prorogue  and  m:^e  a  SelTion  ;  and  to  thar  ^^^^^^| 

*  End  prefixed  a  Day,  by  which  they  might  (as'  T^^^H 

*  was  meet  in  fo  long  a  Sitting)  finifli  fome  profit-  M 
Vol.  VIU.                  Y                            '   *\i\'a  ^  M 


336    T'lJ^  P&rliameniary  History 

■.♦,Ch»ilnl.'  good  to  fet  down  tiius  much  by  way  of  Doda* 
'***■        '  ration,  that  We  may  appear  to  the  World  in  the 

*  Truth   and  Sincerity  of  Our  Ailions,  and  not 
'  in  tbofe  Colours  in  which  we  know  rome  turbu- 

*  lent  and  ill-afTeifled  Spirltii  (to  ntafque  and  dif- 

*  guife  theii  wiclccd  Intentions,  dangerous  to  the 
'  State)  would  repccfcnt  Us  to  the  publ.ck  View. 

*  We  aflimbkd  Our  Parliament  the  i  f'  Day  of 
»  March,  in  the  third  Year  of  Our  Eci^,  for  the 

*  Safe^  of  Religion,  foi  fccuring  Our  Kingdoma 
'  and  Subjedb  at  Honie,  and  Our  Friends  and  AJ- 

*  lies  Abroad.     And  therefore  at  the  firft  Sitting 

*  down  of  it,  VVe  declared  the  miferable  affli6ied 

*  Eftate  of  thofe  of  the  Reformed  Religion  in  Gfr- 

*  many,  France,  and  other  Parts  of  Chiiftendom ; 
'  the  diArelTed  Extremities  of  Our  dcarcfl;  Uncle, 

*  the  Kuig  of  iJowBuri,  chafed  out  ofa  great  Part  df 

*  hisDominions;  the  Strength  of  that  Patty  which 

*  was  united  againftUsj  That  (befides  the  Pope 

*  and  the  Houfe  of  Aujlria,  and  their  ancient  Con- 

*  federates)  the  French  King  profcffed  the  rooting 
'  out  of  the  Proteftatit  Religion ;  That,  of  the  i*rin- 

*  ces  and  States  of  Our  Party,  fome  were  over-run, 

*  others  diverted,  and  fome  dilabled  to  give  Affif^ 

*  tance,  Fpr  which,  and  other  important  Motives, 

*  We  propounded  a  fpeedy  Supply  of  Treafurc,  an- 

*  fwcrable  to  the  Neceffity  of  the  Caufe. 

'  Thefe  Things,  in  the  Beginning,  were  well  re- 

*  fentedbytlie  Houfe  of  Commons,  and  with  fo  much 

*  Alacrity  and  Readuids,  tha  they  agreed  to  grant 

*  a  liberal  Aid:  But  before  it  was  brought  to  any  Per- 

*  fcftion,  they  were  diverted  by  a  Multitude  of 

*  Queffions,  raUed  amongft  them,  touching  their 

*  Liberties  and  Privilcdges,  and  by  other  long  Dif- 

*  putes,  that  the  Bill  did  not  pafs  in  a  long  Time; 
'  and  by  that  Delay,  Our  Affairs  were  put  into  a 

*  fiir  worfcCafe  than  at  the  firft;  Our  foreign  AiSi- 

*  ons  then  in  hand,  being  thereby  dilgraced  and  ruin- 
'  cd,  for  want  of  timely  Help. 

*  In  this,  as  We  are  not  willing  to  derogate  fro&i ' 

,     *  the  Merit  and  good  Intentions  of  rliofc  wiTe-wil'  ' 
'•  moderate  Men  of  UutHoufc  (to  whofc  Forvnvd-'  ' 


O/^  E  N  GL  A^NO.  '33^ 

;o  .r,To thisMr.SfWbaafwered,  Mr.Spdaier^ « Ifyou  ^^^^*^* 
>.will  not  put  the  Queftion,  whicl^  we  command  you^       '^*^* 
we  muft  fit  ftill ;  and  fo  we  ihall  never  be  able  to  do 
*afl[y  ihing.     We  fit  here  by  Command  from  the 
^£ing,  under  the  Great  Seal;  and  as  for  you,  you 
•are,  by  )i»s  Majefty,  fittkig  in  his  Royal  Chair  he- 
'  Yor^  both  Hoij^e,  appointed  our  Speaker :  And  do 
you  now  refufe  to  be  a  Speaker  ?' 

The  Speaker  rejdied.  He  had  an  exprefs  Command  ^^^  offcrini  to 
fr$m  th§  King^  fr  fom  as  he  bad  delivered  his  Mef-  leave  the  Houfc 
*fagei  terife.  And^  thereupon,  he  rofe  and  left  the  « l>e^d  <*P^»  *"* 
Chair  J  but  was  drawn  to  it  again,  by  Mr.  Holies y^^^  ^^^' 
Son  to  the  Earl  of  Ciare^  Mr.  FaUntiney  and  other 
Members. 

Mr.  Holies  (notwithftanding  Sir  Thomas  Edmunds^ 
and  other  Privy  Counfellors,  endeavoured  to  free 
.the  Speaker;^  (wore,  God's  Wounds ^  '  He  (hould 
iit  ftill,  till  it  pleafed  them  to  rife.' 
«  Then  the  Speaker,  with  abundance  of  Tears,  an^ 
fwered,  /  will  not  fay^  I  will  not^  but  I  dare  not  ; 
4}eiiring  that  they  would  not  command  his  Ruia 
therein,  in  regard  he  had  been  their  fait;hf^l  Ser- 
vant, and  would  facrifice  his  Life  for  the  Good  of 
his  Country,*  but  he  durft  not  Hn  agaioft  the  ex« 
prefs  Comniand  of  his  Sovereign. 

Mr,  Selden  replied,  ^  That  he  ever  loved  his  Per- 
fon  well,  but  he  could  not  choofe  but  much  blame 
him  how:  That  he,  being  die  Servant  of  the  Houfe, 
ihould  refufe  their  Command,  under  any  Colour ; 
and  that  hisObfiinacy  would  be  a  Precedent  to  Pof- 
terity,  if  it  fhould  go  unpunifhed :  For  that  hereaf- 
'ter,  if  we  fhould  meet  with  a  diiboneft  Speaker  (as 
we  cannot  pron>ife  ourfelves  to  the  Contrary}  he 
might,  under  Pretence  of  the  King's  Command, 
relufetopropofe  the  3ufinefs  and  Intendment  of  the 
HouJCb:  And  therefore  wifbed  him  to  proceed; 
which  he,  ftill,  refufed  with  Extremity  of  Weep- 
ing and  fupplicatory  Orations/ 
.  Sir /^^/«r/foy;i2fl«;,  a  Gentleman  of  his  own  Coun- 
try (e)^  told  him,  ^  He  was  forry  he  was  his  Kinf- 
man,  fof  that  he  was  the.Difgrace  of  his  Country, 

(eJiKani 


338    I'ht  Pdrlidmeitfgry  HiSTQjcr      ^M 
■  <  able  and  good  Laws;  and  witbaj  gave  Order  ft{M' 

*  a  gracigus Pardun  Walt  Our  Subjctas  ;  whiph,,ac- 

*  cording  to  the  Ufe  of  fwrmcr  Parliaments,-  p  '" 
'  the  Higher  Houfc,  and  w.ii  fcni  duwn  to  tli^  it 
'  mons.     All  which  being  gracioufly  intenda 

*  Us,  was  ill  entertained  by  fome  dilaffeflRd., 

*  lofis  of  chat  HoLifi;,  wlii>  by  their,  Anj(ic^,,jp^. 
,  *  (hortTiine,  raifcd  fo  inucLi  Heat  and  t)itK;iRpf!rv> 

<  titc  Houfe,  tor  iio  other  vtiible  Caufct  but  hfiCfi^f^ 

*  We  had  declared  Our  Rclulution  to  prorctgiiiw^ .as 

*  OurCuuncil  advifcd,  and  not  toadjoucni^lo^c 

*  of  that  HoufL'  (alter  Our Rcfoiutiun  declare^,  and 

*  not  btfurc)  did  maiiifcftthcmftlvesto  aCFcct  ^jcl^t 

*  feldciin  hath  greater  Palliun  been  fecn  ia  tjjlt 
■  Huufe  upon  the  grcatell  Occafions.     And   fbn^ 

*  Glancet  in  the  Houfe,  but  upon  open  Rumt^un 

*  aljroad,  were  fpread,  That  by  the  Anfwer  tc;  ipc 
'  Petition,  We  had  given  away,  not  only  QfuSi^- 

*  pofitions  upon  Goods  exported  and  importqdf.  b^t 
'  tlie  Tunnage  and  Poundage  ;  whereas  in  tfac  Oe- 

*  bate  and  Hammering  of  that  Ptiition,  dieve  was 

*  no  Speech  or  Mention  in  either  Houfe  conceraing 
'  thole  ImpuHtions,  but  concerning  Taxes  and  other 
'  Clwrgcs  within  the  Land  (  much  lefs  was  there  any 

*  Thuught  tliereby  to  debar  Us  of  Tunnage  and 

*  Poundage,  which,  both  bcfijre  and  after  the  Aii- 

*  fwer  to  that  Petition,  the  Houfe  of  Commons,  in 

*  ail  their  Speeches  aiid  Treaties,  did  profdj  tbej 

*  were  willing  to  grant.     And  at  the  famcTuact 

*  many  other  Mifinrerp  relation!  were  raifed.of  ^hU 

*  Petition  and  Anfwer,  by  Men  nut  well  dUlingui^- 

*  ing  between  well-ordered  Liberty,  and   Liceuci- 

*  oufnefs)  as  if  by  Our  Anfwer  to  that  Pctitiop, 
'.  Wcliad  let  loofe  the  Reins  of  Our  Governmcot. 
'..And  in  this  Diftemper  the  Houfe  of  Commons, 
•.laying  afide  the  Pardon,  (a  Thing  never  done  in 

'*^aiiy  former  Parliament)  and  other  Bidine Is  iit  to 
N  have  been  concluded  in  thatSeiTion,  fome  of  them 
'■*.  went  about  to  frame  and  contrive  a  Rcniyiilhancc 

■^i^jainft  Our  receiving  of  Tunnage  and  Poundage  j 
'  '.  which  was  Co  tar  proceeded  in,  the  Night  belorc 

'  tlic  pri.ii.\edTinicfo[concludingche£e£Dii>  and 


^S  h 


Of   E  N  G  L  A  N'  D.    3J9 

fti  hafineii  by  the  Contiivers  thereof,  that  thoy^"' 
meiint  to  luvc  put  it  to  ihe  Vote  of  the  Huufe  ifie 
nexc  Morning,  before  We  flioiilti  prorujue  that 
Seffion.  And  therefore  finding  Our  gracious  F^i- 
voura  in  the  Seffion,  afforded  to  Our  People,  lb 
ill  requiteii,  and  fuch  finifler  Strains  made  upon 
Our  Ajilwer  to  that  Petition^  to  the  Diminution  of 
Our  Profit,  and  (which  was  more)  to  the  Danger 
of  Our  Government  ;  We  refolvcd  to  prevent  il  e 
finifliing  of  that  Re iiionft ranee,  and  other  danger- 
ous Intentions  of  fome  ill-aft(;61ed  Perfons; by  end- 
ing theSeflion  the  next  Morning,  Ibnie  few  Hours 
fooner  than  was  expeiSed ;  and  by  Our  own 
Mouth  to  declare  to  both  Houfes  the  Caufe  there- 
of; and  for  hindring  the  (preading  of  thofe  finifler , 

■  InEerpretations  <i{  that  Petition  and  Anfwer,  to 
give  fome  neceiliiry  Direilions  for  fettling  anJ 
quieting  Our  Government,  until  another  Meet- 
ingi  wiiich  We   performed,  accordingly,  the  Six 

■  and  twentieth  of  June  laft. 

*  The  Seflion  thus  ended,  and  the  Parliament, 
'  rifen,  that  iiitended  Remonftrance  gave  Us  Occa-, 
'  fion  to  look  into  the  Bufinefs  ofTunnageand 
'  Poundage,  And  therefore,  though  Our  Neceffi- 
'  tics  pleaded  ftrongly  for  Us,  jet  We  were  not 
'  apt  to  flraln  that  Point  too  far,  but  rcfolved  to 
'  guide  Ourfeif  by  the  Prafliceofformer  Ages,  anc( 
'  Examples  of  Our  moft  noble  Predecefibrs;  think-. 

*  ing  thofe  Counfels  befl:  warrajilcd,  which  the  Wif- 

*  dom  of  former  Ages,  concurring  with  the  prefenf 
'  Occafions,  did  approve  -,  and  therefore  gave  Ordef , 

*  for  a  diligent  Search  of  Records:  Upon  which  it'. 
'  was  found.  That  although  in  the  Parliament  holdcii , 
'  in  the  firit  Year  of  the  Relgh  bf  King  Ediuari 

*  the  Fourth,  the  Subfidy  of  "t'unnage  and  Pound* 
'  age  was  not  granted  unto  that  King,  but  was  firff 
'  granted  unto  him  b/  Parliament  in  the  third  Ycaif , 
'  of  his  Reign' ;  yet  the  fame  was'  accouiited  and  -i 
'  fwered  tO  that  King,    from  "fhS    firfi  Day  of  his.| 
'  Reign,  all  the  fiifl  and  fecond  Years  of  his  Reign,'  f^ 

*  and,  until  it  was  granted  by  Partiament.  And  that 

*  in  the  fuccceding  TimW  6f.  Kihg  Ri:hard  the 

Y  2  *  T\^wi-v 


'h'^^$m 


J40  7'*'*  Pirfitfidipflflr/^IHJsTbAY 

A»4.CbuUit.*  Third,  ECing  Henry  thcScvcncbi  (^^''^ilhlp^'thr 
'♦»'■        •  Kightis  King  e^tu/^rrf  tbc  Sixth;  QiJcewiWyf/, 
<  and   (^itca^HJizaicih,  iba  SuMJdyi  o^-'TaMliUjfc 

*  and  Pouiidags  was  nnt  only  eajojloJ  'b^dvwyrf 

*  tliofeKingi  and  (jiiceiis,  from  iheDeathoFcBefa 

*  of  tli«n4JcceijriF)n;,  until  ir  wus  gran  Led  hji.f^uiliik 

*  ment  uiito  ihe  Succcffor^  but  m  altttaoTe  TimeS, 
t  being  fbr  the  moil  p::tt  peaccjhic,  addnotibuf' 
t  dened  with  like  Clur^cs  sihI  Necefliliet,   atitticfe 

:*  moderrt  Tiinei)  the  t^arliaiiient  did  moft'rctdily 
V*  and  dieariutly,  in  the  Buglnniug of  (.'veiyottfaofe 
-f.'Riu^iuv  grant  ihe  fame,  as  a  tiling  nioft^oaCB&iy 
~i  Sat  the  guarding «f  tlic  Seas,  cbe  Safety^  andiDi- 
-1 , fence  of  the  Realm,  and  the  Support:  of  thefibyal 
/-.Dignity.  And  in  iheTimcof  OurRoyalFadierof 
L^.blcdedMemory,  he  enjoyed  the  fame  a  full  Year, 
.fwantingvcryfew  Days,  before  his  Parliament  be- 

*  :gan;  and  above  a  Year  before  the  Aii  of  Parlia. 

*  mpnt  for  iheGrant  of  it  waspafled.  And  yetwhm 
-J  the  Parliament  was  aflimhled,  it  was  granted  with- 

*.  out  Difficulty.  And  in  Our  own  Tiine,We  ^etly 
L*  received  the  fame  three  Years  and  more,  eXfcSt- 
':  Jng  with  Patience,  in  feveral  Parliamentsjlhelike 

*  OraJit  thcrcof,as  had  been  madeioforaanyofOar 
■■^.  Pi  edeceflors ;  the  Houfe  of  Commons  ftill  pnlfef- 
^^.  fmg,  That  Multitude  of  other  Bufinefles,  and  iiO[ 
■  *■  want  of  Willingnefs  on  their  Part,  had  cau&d  the 
:  •  ftttling  thereof  to  be  to  long  deferred.  And  there- 
I'^^fore  tinding  fo  much  Rcafon  and  NccelTity*  for 
1  ',  the  rcceivLig  of  theordinary  Duties  in  theCiiflom- 
;*  Houfe,  toconcurwith  the  Pradiceof  fuchaSuC- 

*  ceflion  of  Kings  and  Qiiecns,  famous  for  Wjf- 
^*!  dom,  jufljce,  and  Government ;  und  nothbig  to 
**,xhe  Conitary,  but  that  intended  Remonftranci:, 
1*  hatched  out  of  tliepaflionate  Brains  ofa  fijwpar- 
■.  *  ticuLtr  Pcrfonii;  We  thought  it  was  fo  far  Aom 
t  ^i  tb<*  Witdom  aod  Duty  of  a  Houle  of  Parliament, 
-■:*■  as  we  could  iiotthinlc,  that  any  moderate  and  dif- 
-*.  treetMan,  (upon  compofed  I  bought s^ letting afide 
t*  Poflion  ajid  Diftemper)  could  beagalnft  reccivifle 

*i  of  Tunnagcind  Poundage  (  efpecialJy  fiilc«>^Vc' 

*  do,  and  ^ill  CDuft  puiliic  tbofc  i.iulsy  aniL'ii^niei^' 
*  thai 


v«l^;;ElN.^i^^a>N^D.V   -341 

ftt  thatCti^f eifi  fioe  wWdi-iitiwaB-ffrft  grahwd  to  the  ^m,  ci.«l 

'^oootiiiackl  to.  otUrPredecctTuts,  as  iliiit,'i'n'four  fe- 
fij  vw»l  AiSts'of  Parliartii-'nt  for  ibc  griotiog  tbeiKiif 
4:>xa  King  Kdwa'd  the  bixtli,  Qiiecii  Afore,  Queen 
4ii£/ikaAtii,  and  Our  bklTed  /'flf/jw ;  ic  is*  in  ex- 

.f-jprefs  TtiTOJ,  mentioned  to  have  h ceo  had  ai]d  -^— - 

f  udra|ij>yeii  ^y  ihe  le venal  ICings;  named  in  [bofeAiSh,  ^^^H 

^3(Finie  out  of  Mtnd,  b^^  Aulliorilv  of  Patliaimiit.  ^^^H 

iliIAnd tbciefttrc  i^ioii  thefe  ReafonSj   We  bald  it  ^^^| 

^i.^vecabic  toOur  KinglyHonour,  and  neccflufy  ^^H 

^Jbr  the  Safety  and  Good  of  OurKingdnoi^  to  con-  ^^H 

4<lliilue  tbe  Receipt  thereof,  as  ia  many  ofUur  Pr6-  ^^^| 

^v'deicel&re  bad  done.  VVhcrtfure  when  a  few  iVler-  ^^H 

1^  -cfaants  (being  at  tirA  but  one  or  two)  fomented,  ^^H 

r^eaa  it  \s  wcJl  Icnown,  by  thofe  evil  Spirits,  that  would  ^^H 

A';haire  batched  tljut  undutiful  H-emunftr^nce,  begiln  ^^^| 

-Eille  oppofe  tlte  Payment  of  Our  iceuftomed  Duties  ^^^| 

ijl!)  in  theCuftom  Houfe,  We  gave  Order  to  the  Of-  ^^H 

*:^ersof  Our  Cuftoms  to  go  on,  notwithllatidirig  ^^^| 

.*'lhat  Oppolition,  in  the  receiving  of  tbe  nliial  Dt'  ^^^| 

f_>ties;  and  caufed  thofe,  tliat  retufeJ,  to  bcwarntfd  ^^^H 

*f  to  attend  at  the  Council  Board;  that,  by  the  VVif-  ^^H 

*<  dom  and  Authority  of  Our  Council,  they  mi^t  ^^H 

*■  be  reduced  to  Obedience  and  Duty  ;  where  funis  ^^H 

*  of  them,  vitbout  Reverence  or  Refpei^  to  the  ^^^| 
'  Honour  and  Dignity  of  that  Prefence,    behav04  ^^H 

-  4  themfelves  with  fo  much  Buldncfs  and  Infolency  bf  ^^^| 

.it  Spoecb,  as  was  not  to  be  endured  by  a  far  meaner  ^^^| 

fiAflembly;  much  leU  to  be  countenanced  by'a  ^^^| 

-Ktfloaf^of  |*arliament,3gainjl  thcHodyofour  Privy  ^^^| 

■  If  .^i^ouncil.  ^^^1 
L 1  ;^And  as  in  this  Wc  did,  what  in  Reafon  and  Ho-  ^^H 
^-^Hiwtnr:  was  fit  ios  die   prefent,  fo  OurTliougltt*  ^^^| 

fi:yiBK  daily  intent ive  upon  the  re^aiTemblia^^  of  Onr  ^^^| 

.'it'.Padiament;  with  full  InteniioniaaOurParc,  to  ^^^| 

.ih-jtnkcaway  all  ill:  Underiianding  between  Us  and  ^^^| 

■  ift'Our  Pco^;  w!)ofe  Lo^Y,  at  VVeJcfnedtu  coA-  ^^^| 
?K<fCinueaad  prdcfve,  fo  VVp  ufed  Uur  6elfc  Eodea-  ^^^| 
i^i'VOun  to  prepare  sad  faetlitaie  the  Way  to  it.  And  ^^^| 
-f-'tU'ihis  Erui,  having  btlteo  a Urti^  and  cxadt  Sur—  ^^^1 

*  vey  of  OuriiovctvAicnt,  bodkio  the  Uturchand 

Y  3  *  C^imr 


542  Tie  Parliament ary  HiSTbRY 

Cemtnon-^WesiIth,  and  whswThSritg»iweftf  vnoft  Itt 
and  ncceSkty  to  be  fefefmej :  We  fionnld, -in  the 
firft  Place,  that  much  Exception  hsuMmfai  tftkcn 
at  a  Book,  entitulsd  JffilU  Gig  far tm^  oKf^ydnAf- 
piol  to  Ca/ar;  and  pubiiAed  in  the  Year '1615. 
by  Richard  AI$nttgui^  then  Bstcheiop^rfUMMhit^, 
zndfiowBUhopofChichf/fir',  aildtweiuiie'k  did 
open  the  Way  to  thofe  Schifni»  ahd^'Oioifioni, 
which  have  ftnce  enfued  in  the  Church, 'l^edidi 
for  Remedy  and  Redrefr  thereof,  and  ftMc  die  Sa- 
tisfafiion  of  the  Coniciences  of  Our  gwdPeo* 
pie,-  not  only  by  Our  publick  Prbchnution^  caD 
in  that  Book,  which  miniftcred  Matter  of  GMfenct; 
but  to  prevent  the  Kke  Dangers  horeaftc^i  k- 
printcd  the  Articles  of  Religion,  efiabl^Mlin  die 
Time  of  Queen  Elizabeth  of  famou8<MtflB6ry; 
and  by  a  Declaration  before  thofe  Aiticke^  Wk  did 
tie  and  reftrain  all  Opinions  to  the  SenfrofUK^ 
Articles,  that  Nothing  might  be  left  Ibr  iprivate 
Fancies  and  Innovations.  For,  we  call  tOM  to 
Record,  before  whom  We  ftand,  that  it  island 
always  hath  been.  Our  Hearts  DeAre  to  be  found 
worthy  of  that  Title,  which  We  account  tbdkndft 
glorious  in  all  Our  Crown,  DeftmUr  rfthi  Faitb, 
Neither  (ball  We  ever  give  way  to  the  authorifing 
of  any  Thing,  whereby  any  Innovatfon  amy  Anl'Or 
creep  into  the  Church ;  but  to  preferve  Chat  Unity 
of  Dk)drine  and  Difcipline,  eftablifliedin  tfatt  Time 
of  Queen  Elizabeth^  whereby  the  Churd)  ^Mng- 
land  hath  ftood  and  (loariihed  ever  fuice.  '  * 
*  And  as  We  were  careful  tomakeupallBrtMches 
and  Rents  in  Religion  at  Home,  fo  dki  Wm^  by 
Our  Proclamation  and  Commandment,  bn  Ac 
Execution  of  Laws  againft  Priefts,  andBbpift 
Recufants,  'fortifie  all  Ways  and  AppeoBches 
agathft  that ' foreign  Elsemy ;  which  if  il  have' not 
fucceeded  according  to  Our  Intention,  W^oioft 
lay  the  -Fault  where  it  ia;  in  the  fubordtnaie.Of- 
ficcrs,  and  Minifters  in  the  Coimtry,  byiiriurfe 
Remifncfs,'  Jisfoits  Md  >  Priefts  efcape  without 
A^prehenfioAi  and  KcouGuits,  fromthe^rCan- 
vii^As  and  F^naUies^  whidi  the  Law.4UHUOiir 

^Command* 


0/  E  N  G  L  A  N  a      335 

Ani  therefore^  on  the  five-and  twentieth  Day  ^  Fc- A"' 4- Chirles  I., 
bruary  lajf^  by  the  uniform  Advice  of  Our  Privy 
Council^  Wecaufed  both  Houfes  to  be  adjourned  until 
tbisprefent  Day\  hoping^  in  the  mean  time^  that  a 
better  and  more  right  XJnderJianding  might  be  begot" 
tpi  between  Us  and  the  Members  of  that  Houje ; 
whereby  this  Parliament  might  have  a  happy  Mnd 
and  IJftie^ 

,:Andj  for  the  fame  Intent^  We  did  again^  this 
Day^  command  the  like  Adjournment  to  be  made^  un* 
til  the  tenth  Day  of  this  Month  :  Tet  it  bath  fo  bap- 
penedy  by,  the  difohedient  and  feditious  Carriage^  of 
tbofe  faid  ill-affeHed  Per  fans  of  the  Houfe  of  Com- 
nma,  that  IVeandOur  regal  Authority  and  Command- 
nwit  have  been  fo  highly  contemnedy  as  Our  kingly 
'  Office  camot  bear^  nor  any  former  Age  can  paraleL 
And  therefore  it  is  Our  full  and  abfolute  Refolution 
to  diffolve  the  faid  Parliament ^  whereof  We  thought 
good  to  give  Notice  utdo  all  the  Lords  Spiritual  and 
Temporal^  and  to  the  Knights^  Citizens^  and  Bur^ 
gejffes  of  this  prefent  Parliament^  and  to  all  others 
whom  it  may  concern ;  that  they  may  depart  about  their 
needful  Affairs^  without  attending  any  longer  here. 
Neverthelefsj  We  will  that  they^  and  all  others  Jhall 
takeNotice^  that  We  do^  and  ever  will  difiinguijh  be^ 
tween  thofe^  who  have  Jhewed  good  AffeSfion  to  Religi-' 
gion  and  Government ^  and  thofe  that  have  given  them* 
fehes  over  to  FaSfion^  and  to  work  Dijiurbance  t$ 
the  Peace  and  good  Order  of  Our  Kingdom. 

Givea  at  Our  Court  at  Whitehall,  this  fccond 
Day  of  March,  in  the  fourth  Year  of  Our 
Reign  of  Great  Britain,  France,  and  Ireland. 

•  Sdon  after  the  Diflblution  of  the  Parliament  came 
out,  ^Ifo,  tht  following  Declaration  : 

jff/f.  JVIajesty'i  Declaration  to  all  his  Icving 
.  iuhjeffs^  of  the  Caufes  which  .moved  him  to  diffolve 
.  ^e.lqft  Parliament,  March  lo.  i6a8. 

*  TrTOwfpever  Princes  are  not   bound  to  give  The  King's  De- 

*  JLi  Account  <>f  their  Anions,  but  to  God-  alone  j  j|=»";io«  <^  the 

*  yirt,  ,if>iM  &i|isf^£^.Qf  the  Mind*  iind  Aflfec  DiffdutioV''*' 

*  tkwof^OttijUivingiSuloca^^Wdi  bav^- thought  ^ 

,.  V  «  g)od 


336    the  Parliamentary  HisTour 

|b.^Chailnl.t  gQQtj  to  fct  down  titus  Diucb  by  ws^  of  Dccla- 
^*^        *  ntion,  that  Wc  may  appear  to  riie  World  in  the 

*  Tiutli    and  Sincerity  0/  CXir  Aftioiis,  and   not 

*  in  thofe  Colours  in  which  we  know  fomc  turbu- 
'  lent  and  ill-afFe£ted  Spirits  (to  mafque  and  rfif- 

*  guife  their  wicked  Intentions,  dangerous  to  the 
'  State)  would  rcpccfcnt  Us  to  the  pubLck  View. 

'  We  aflembkd  Out  Parliament  the  17"^  Day  of 
'  March,  in  the  third  Year  of  Our  Reign,  for  the 
'  Safety  of  Religion,  for  fccuting  Our  Kingdoms 

*  and  SubjeiSts  at  Honie,  and  Our  Fiienis  and  Al- 

*  lies  Abroad.     Atid  therefore  itt  the  liril  Sitting 

*  down  of  it,  Wc  declared  the  miferable  afRlAed 

*  Eftate  of  lliofe  of  the  Reformed  Religion  in  Ger- 

*  many,  France,  and  other  Parts  of  Chriftandom ; 
'  the  diflreffed  Extremities  of  Our  deareft  Uncle, 

*  the  King  of  Denmark,  chafed  out  of  a  great  Part  oif 
'  his  Dominions ;  the  Strength  of  that  Party  which 
'  was  united  againll  Us;  That  (bcfides  the  Pope 
'  and  the  Houfe of  ^«/7r((r,  and  theirancientCon- 
'  federates)  the  French  King  profefled  the  tooting 
'  out  of  the  Proteftant  Religion ;  That,  of  the  Prin- 
'  ces  and  States  of  Our  Party,  fome  were  over-run, 

*  others  diverted,  and  fome  diiabled  to  give  Aifif* 

*  tance.  Fcr  wiiich,  and  otlier  important  Modi'cs, 

*  We  propounded  a  fpeedy  Supply  of  Treafure,  an- 

*  fwerable  to  the  Neceffity  of  the  Caufe, 

'  ThefeThiii^,  in  tlie  Begiimiiig,  were  well  re- 
'  fented  by  the  Houfe  otCommons,  and  with  fomucli 

*  Alacrity  and  Readinefs,   that  they  agreed  to  grant 

*  a  liberal  Aid :  But  before  it  was  brought  to  any-Per- 

*  fe£Uonf  they  were  diverted  by  a  Multitutfe  of 

*  Queftions,  raifed  amongfl  them,  touching  their 

*  Liberties  and  Priviledges,  and  by  other  long  DB^ 

*  putcs,  that  the  Bill  did  not  pals  in  a  long  Time  j 

*  and  by  that  Delay,  Our  Affairs  were  put  into  a 
'  far  worfcCafe  than  at  the  firft;  Our Ibretgn  A£K- 
'  ons  then  in  hand,  being  thereby  difgraced  and  luin- 
»  ed,  for  want  of  timely  Help. 

'  In  this,  as  We  are  not  willing  to  derogate  from 
,     *  the  Merit  und  good  Intentions  of  diofe  wife  tnd- 
*•  moderate  Men  uf  that  Houfe  (to  whok  Forvnsd- 
h  ' ■ neftr  i 


0/    E  N  G  L  A  K  D.    337  ■ 

■  ncfe  We  attribute  it,  that  it  was  propoundeJ  and  An.*,  Chiriwi" 
'  lefuivctt   fo  loon)  Ca  We  moft  needs  liy,  that  the        '***■ 

'  Delay   of  paffing   it  when  it   was  rcfolved,  oc- 

*  calioned  by  caullefa  Jealoufics,  rtirred  up  by  Men 
'  ot"  another  Temper,  did  much  ieflcn  hoth  iheKe- 
'  putation  and  Reality  of  that  Supply.  And  their 
'  Spirit,  inluled  into  many  of  the  Commiflion^rs 

*  and  Aflcflbrs  in  the  Country,  hath  returned  up 

*  the  Subfidiea  in  facli  a  fcanty  Proportion,  as  is  irt- 

*  finitely  ftiort,  not  only  of  Our  great  Occafions, 

*  biit  of  the  Precedents  of  former  bubfidies,  and  6( 

*  the  Intentions   of  all  wcll-uffeittd  Men  in  llmt 

*  Houfc. 

*  In  thofe  large  Difpufes,  as  We  permitted  many 

*  of  Our  high  Prerogatives  to  be  debated,  which  iU 
'  thebeftTimesofOur  Predcceflbrshad  never  heeii' 
'  queftioned,  without  Punifhmcnt  or  ftiarp  Reproof; 
'  fo  We  did  endeavour  to  have  fliortned  thofe  De- 

*  bates,  for  winning  of  Time,   which  would  have 

*  much  advantaged  Our  great  Aifairs,  both  at  home 

*  and  abroad.  And  therefore,  both  by  Speeches  and 

*  Meilages,  We  did  often  declare  Our  gracious  and 

*  dear  Refolution,  to  maintain  not  only  the  Parlia- 
'  ment,  but  all  Our  People,  in  their  antient  and 
'  juft  Liberties,  without  either  Violation  or  Dimi- 
'  nution ;  and  in  the  End,  for  their  full  Satisfudtion 

*  and  Security,  did,  by  an  Anfwcr,  framed  in  the 
'  Form  by  themfi^lves  dcfired,  to  their  Parliamen- 
'  tary  Petition,  confirm  their  antient  and  juft  Li- 
'  bcrties  and  Rights,  which  We  refolve,  with  all 
'  Conftancy  and  Juftice  to  maintain. 

'  This  Parliament,  howfocver,  bcfides  the  felling 
■  Our  neceflary  Supply,  and  their  owrn  Liberties, 
'  wafted  much  Time  in  fuch  Proceedings  (blaft- 
'  ingOur  Government,  as  We  are  unwilling  tore-' 
'  member)  yet  We  fuftercd  them  to  fit,  until  them- 
'  felves  defiredUs  to  appoint  a  Titiie  for  their  Rccefe, 
'  not  naming  either  Adjournment  or  Prorogation. 

Whereupon  by  Advice  ofOur  Council,  Wc  re- 
'  folved  to  prorogue  and  mijce  a  Seffion  i  and  to  that 
'  End  prefixed  a  Day,  by  which  they  might  (as' 
'  was  meet  in  fo  long  »  Sitting)  finifli  fome  pro^i- 

Vol.  yiii-  Y  '  *u^ 


'  34*^  'the  P^liatftatfiary'trTt'foRY 

*AC^Omt)«iI.*  to  be  re flored,  which,  upon  Com nundtntnt  from 

'**^        •  Us,  or  Out  Council,  were  ftaycd  by  Our  Officers, 

■  tiutil  thofe  Dmlc3  wen;   paid;  TUiA  conieqiientlj 

*  Oioultl  putOurfelveiOutot'tbcPo&ffionof  Tun* 

*  rage  and  Poundage,   before  they  were  g^rantcd*; 
'  for  elfe,  it  was  pretended,  the  Subject  flood  jiot 

*  in  fit  Cafe  to  grant  it.     A  Fancy  and  Cavil  raifeiJ 

*  of  Purptife  to  trouble  the  Buriiiefe  j  it  beixig  «vr* 

*  dem,  that  all  the  Kings  before-named  did  receive 

*  that    Duty,  and    were  in  aiSual  PolFefiicm  OJ  it* 
«  before,  and  at  the  very  lime,  when  itwas  grant- 

*  ed  to  them  bv  Parliament.     And  allhougb  We, 

*  lo  remove  aii  Difficulties,  did  from  Our  0)vn 

*  Mouth,   in  thoie  clear  and  open  Tcrmi  that 

*  mi^^ht  ha?e  farisftcd  any  moderate  and  vdl-Aif- 

*  pofcd  Minds,  declare,  That  il  was  Out  Meanings 
'  by  the  Gift  of  Our  People,  to  enjoy  it ;  and  tfaat 

*  We  did  not  challenge  it  of  Right,  but  toot  it  de 

*  A-ftn  iffe,  (hewing  thereby,  not  the  Riglit  but  -  tbf 

*  Ncceflity  by  wluch  We  were  to  take  it,  (wbae« 

*  in  W«  defcended,  for  their  Satisfadion,  lb  ^r 

*  beneath  Ourfelf,  as  We  are  confident,  never  anjr 

*  of  Our  Predeceflbrs  did  the  like,  nor  was  the  like- 

*  ever  required  or  expend  from  them.     Yet  for 

■  all  this,   the  Bill  of  Tunnage  and  Poundage  was 

*  laid  afide,  upon  Pretence  they  muft  tirft  cleartbe- 

*  RightoftheSbbjeiithereini  under  Colour  where' 

*  of,  they  entertain  the  Comptaiots,  not  on^  of- 
«  Jahn  RalUi,  a  Member  of  their  Houfe,  but  alfiy 

*  of  Richard  Chamben,  John  Ftrwie!,zt)A  Barthtio- 

*  tnnv  Gilman^  againfl  the  Officers  of  Oui  Cuftoms,  - 

*  for  detaining  their  Goods,  upon  Refufal  toi  pay 

■  the  ordinary  Duty,  accuflorued  to  be  paid  for  ^ 

*  fame.  And  upon  thefe  Complaints,  they  fend 
«  for  the  Officers  of  the  Cuftoms,  enforcing  tfaem 

*  til  attend,  Day  after  Day,  by  the  Space  of  a  Month 
'  together ;  they  caufe  them  to  produce  their  Let- 

*  tcrs  Patent  under  Our  Great  Seal,   and  the  War-  ■ 

*  rants  made  by  Our  Privy  Council,  for  levying  of  ■ 

*  thofe  Duties.     They  examine  llie  Officers  upoit  ■ 

*  what  Q^teAions- they  pleafe,  thereby  to  emxaip 
■'UkM  t6r4oil>g  Out  Service  and  ConouuidnisBti  * 
,.ii.  -.  <  •  «  Jja 


P  ©/•  E  ^f  G  L  A  N  D.    347  ^ 

•  In  thefe  and  other  their  Proceedings,  becaufe  VVp  A«.+:Ch4d«L 

•  would  not  give  ihe  leaft  Shew  of  Interruption,        '    *" 
^I'W'e  endured  long-,  with  much  Patience,  both  tiiefe, 

•fi  a6d  iiindry other  ftrangcand  exurbitant  Incroach- 
:*'mems  and  Ufurpatioiis,  fuch  as  were  never  bcloro 
rt'iatlempted  in  ihat  Houfe. 

Sisti*.  We  arc  not  ignorant  how  much  that  Houfp 
_  -f  iath,  of  late  Years,  endcavuurcd  to  extend  thejr 
^-'Privileges,  by  fettiiig  up  general  Committees  for 
,'*■  Religion,   for  Courts  of  Juftice,  for  Trade,  and 

•  the  like ;  a  Courfe  never  heard  of  until  of 
*■  Ute  :  So  as,  where  in  former  Times,  the  Knights 
•and  BurgefTes  were  wont  to  communicate  to  the 
^  Huufe  fuch  Buline^  as  they  brought  from  their 
■4  Countries  ;  now  there  arc  fo  many  Chairs  eretl- 
,*iBrf,to  make  Enquiry  uponallSortsof  Men,  where 
!*.  'Complaints  of  all  Sorts  are  entertained,  to  the  un- 
■^  fnfferable  Diiturbance  and  Scandal  of  Jufticc  and 
■*F;Government;  which  hawing  been  tolerated  « 
'-while  by  Our  Father  and  Ourfelf,  hath  daily 
■*L.'grown  to  more  and  more  Height;  infomuchthat 
f-young  Lawyers  fitting  there,  take  upon  thera  to 
*Jdccry  the  Opinions  of  the  Judges;  and  foine  have 
f  not  doubted  to  maintain,  That  the  Refolutions  of 
^  that  Houfc  mull  bind  the  Judges,  a  Thing  never 
*.  heard  of  in  Ages  paft-     But,  in  ihisl^ft  Afiemblv 

•  of  ParliamenCj  iliey  have  taken  on  tbem  niucn 
f-  more  than  ever  before, 

t,  I «  They  fent  Meflbngcrs  to  examine  Our  Attor^ 
*.ncy  General,  (who  isanOHicerofTruft  andSe- 
5'crecy)  touching  the  Execution   of  fome  Com- 

•  ipandments  of  Ours,  of  which,  without  Our 
*!!Leave  firft  obtained,  he  was  not  to  give  Account 
ft.  to  any  but  Ourfelf.  They  fent  a  captious  and 
«:  diredtory  MefTage  to  the  Lord  Treafurer,  Chan- 
"iccllor,  and  H.iruns  of  the  Exchequer,  touching 
••ftAne  judicial  Proceedings  of  tbcire  in  Our  Court 
•".of  Exchequer. 

[  ■'  They  fent  Meffengers  to  examine  upon  fundry 
•iQueftions,  Our  two  Chief  Jufllces,  and  three 
••  other  of  Our  Judges,  touching  their  judicial  Pri>-_ 
'  ccedings  at  the  Gool-Ddiveiy  aX  Newguft,   for 


^^ 


^^S  The  FariUmentary  Histoh  y 

*"'*f^''"^'_»«hjch,  they  arenot  actounuUc  to  the  Houfc  of 
'"•*        »  Commons. 

•  AnJ  whereas  Sui»  were  commenced  in  Oitf 

*  Court  of  S'or-  Chami^r,  agaiDtl  Richard  Chambert^ 

*  7"*''  Fewhi,  BarlhshmtW  Gil/nan,  iiuLRjsiierJ 

*  Philips,  by  Our  Atroraey  General,  for  great  Mif- 
'  dcmcanDie  j  they  refolved,  that  they  were  to  have 

*  Privilege  of  Parliament  agaijift  Us  for  their  Per.- 
(                    •  fons,  for  no  other  Caufp,  but  becaufe   they  had 

*  Petitions  depending  in   that  Houfe  ;   and  (which 

*  is  more  ftrange)  they  refolved.  That  a  Signiticati- 

*  on  fhould  be  made  from  that  Houfe,  by  a  Letter 
'  to  iffuc  under  the  tignd  of  their  Speaker,  unto  the 

I  *  Lord  Keeper  of  Our  Great  Sea!,  that  no  Attach- 

*  ments   ihould  be  granied  out  agajnft   itie   £iid 

*  OMmberi,  Fm-its,  GUman,  or  Pbilipi,  doring 
'  their  fajd  Privilege  of  Parliament,     Whereas  k  is 

*  far  above  the  Power  of  that  Houfe,  to  give  Di- 

*  reiSlion  to  any  of  Our  Courts  at  l^e/bain/teri  to 

*  flop  Attachments  againft  any  Man,  thou^never 

*  fo  ftrongly  privileged  ;    the  Breach  of  Privilegt 

*  being  not  in  the  Court  that  grants,  but  in  the 
'  Party  or  Minirter  that  puts  in  Execution  fuch  At- 

*  tachments.     And   therefore,  jf  any  fuch-  Letter 

*  had  come  to  the  Lord  Keeper,  as  it  did  not,  he 

*  fliouid  have  highly  offended  Ua  if  he  had  obeyed 

*  it.     Nay,  they  went  fo  far,  as  they  fpared  not  the 

*  Honour  of  Our  Council  Board  j  but  examined 

*  their  Proceedings  in  the  Cafe  of  Our  Cuftomers, 

*  interrogating  what  this  or  that  Man  of  Gup  Coan- 

*  cil  (aid,  inDireflion  ofthemin  tbeBufinefe  cora- 

*  mittcd  to  their  Charge.  And  whenoneoftbc  Mrnn^ 
'  bers  of  that  Houfe,  Ipeaking  of  Our  CouDOIcrj, 

*  /aid,  lye had. wicked Counf el i3i.ndz.not)ieik\d'Tbta 

*  the  Council  and  yudges  ^avght  to  Irawpk  under  feet 

*  the  Liberty  of  the  Subjeii  i  and  a  third  traduced 
*.OittCouni3i  S tar-Chamber,  for  the  Sentence  gi- 
*.,ven  againft  Savage,  they  pafled  without  Che<k  Or 
VCcnfure  by  the  Houfe.  By  vthicli  may  appear, 
*,,^ow  far  the  Members  of  that  Houfe  haw  of  lst9 

*  fwoilen  beyond  the  Rules  of  Moderation,  ^nd-'thp 
•-  Modeity  of  former  Times ;  and   this  under  Pr^ 

*  tence 


I 


Of.  B  IN  G  L  A  N'  IX      $4^ 

*  tcOfloW  PHvfltg^^^diFre«l6lil  Of fipiaSjb/H^fttt'e-'An^.t^^^^ 

*  by  they  take  Liberty  to  declare  agaitfl!  sill '/tu-       ' 
«'  tikxky  «f  Gmmoitattth€ollrt6^  aftriteff'PIedfUr^. 

ftfaimlnaC»ufe^K¥liereoltl«^y  \ 

^  Weir  true  ahrfiantien*  JtirJfififiKoii '  Atendit^g^Vily 

!^^/fi6  their mm^Mett^beb,  aridUd'the  Cmffeftatioh 

^^  theitPtiviTe^fej  a«id  rtot  tbiitc^C^Otfeof  Fo^ 

.<  jteigajPctfenrfiridCauiTcs,  which' hdlre'ilb  ReSti'i 

iari'tordfticPhvifeg^/  tte  fame  fe^riigljut'a^lfete 

S  iiiiiovaticfn:^  '■  And  yet  upon  &n  eirfOr^W  'Strain*  of 

«  ttContempt,  for  fiot  anfwering  lur  ct^jfr  Sadliiafti- 

1  ion^  they  eommic  hfiti  eoniiie  l^^^f^r^'^Lvnddn  { 

Svitn^  that  out  w^n!  Preteitc  ford  OtiufeiDf  ccAn- 

^^itniiting 'hinriy/the  true  and  linWard  Gauft  b)^iHg» 

ff  for  thatlie'had  fiiewtfd  bibifeif  diilifulti^  Us  ancf 

w^ChfteGoihmandmentj'in  the  M&ttef  coiic'eniing 

1^4>Mr€iiftoiii8;.-'-  *••'  -  '•■"    '^^  "     ■  •      ' 

.t  •rlfi  ihefe  Innovations  (which  we  wfltnever  pcr- 

f.  iBtt  again)  they  pretetided- indeed*  Our  Servke; 

^  hut  their  Drift  witt,  to  bt^kyby 'this  Illdan^, 

^  throi^  att  Re^d^  and  Ligaments'  df  Goyfkn- 

^  •Incot ;  and  to  trtSt  an  umverfal  'over-iwaying 

^  PoWer  to  themfelves,  which  bebngs  oftiytb  Us, 

*  and  not  to  fbeou;   * 

>  Laftly,  In  their  PhiC^ings  againft  Out  Cut- 

*  tomeraj  the]f  went  4bout  to  eenfure  chem  as'De* 
^  linqucntS)  and  to  j^unilh  them^  fbr'ftaytng  fom'e 

<  Goods  oif  tdftae  feSlfous  Merch^ints,  in.Oai'  Store* 
^  Honfe)  for  not  paying  thofe  Duties  Which*  them- 
f  fdves  had  formerly  paid;  and  which  the  Qifloniers^ 

<  without  Imerruption,  had  received  tyf  AirbAer 
^.  MtodttAts,  ihany*  Years  befbrdi  and  to  wliicli 
.^  diey  were  autfaorifed^  hokh  by  Oii)'  Gre^t  S^! 

>  and.hy  feveral  Dira9^iJ5'aiid  GomMandiabhu 
>>foom:Ua.aiiidi^Orr'PFii7Coundl.v     "i^v^A     '.  • 

,  :<>  Tti^^efomeCelouf  tt»dwh^]^i^$cetfdin^jh'ere^ 
■.^  iii>&ey  wentabottt  t6  *!^eat0  Jr^'iieW'^P 
^.>(  which  We>wUI  nevtr  admit)  ^Th^  )rPat!idrttflt- 
■^  'man  Jiath  RrtvllAjgd-  for  -\Mf^Qii^d»r^^tm  ^e 
«'£iDgi:itk(u6bttfei}iWnd^^^  bti'1%^ 


I 


350  The  Parliament nry'iliS'Toti.Y 
lk4.C!lMi)c(i-  *  he  may  not  be  coii(trained  to  pay  any  Duties  to 
the  King,  dtiring  the  Time  ot  Privilege  ot'  Parli- 
niciK      It  is  true,  they  would  littve  (his  Cafe  co 
hate  been  between  ilie  Merchants,  and  Our  Yat- 
mers  of  Our  Cufknns,  and  have  fcvefc^  tf)«tl) 
from  Our  Interell  and  Commandment,  thet«Kr 
ihc  ratherto  make  them  liable  to  tlie  Cenliirt  &r>d 
PiimChnient  of  that   Houfe.     But  on   lh«  othe^ 
Side,  We  Lmldingit  both  unjult  and  difhunoura- 
blc,  to  withdraw  Ourfolf  from  Our  Oflicecs,  m 
any  Thing  iliey   did   by  Our  Commandmenti 
or  to  difavow  any  Tiling  that  We  bad  enjoined 
to  be  done;  upon  Mantiay  tlia  23d  of  Ptkruitryt 
WefenC  aMtflageunto  them  byhecrctary  Goirkr, 
thar)lcmg  them  for  tlie  Rel')>ei£l  they  had  ibewed^  J 
in  fevering  the  Intereftof  Our  Farmers  from  Oiip^ 
ownliitereft  and  Commandment ;  But  tliat,  ntV6r-»H 
tbeleisWc  were  bound, inHonour,  toacknowledgir  J 
a  Truth,  that  what  was  done  by  them,  was  d«nft  J 
by  Our  exprefa  Commandment  and  DireftlonkT 
and  if  for  doing  thereof  Our  Fanners  (hould  filf*  1 
Fer,   it    would   highly   concern    U>    In    HonoulAn 
^Vhich  Mefiage  was  no  fooner  delivered   ( 
them,  hut  in  a  tumultuous  and  difcontentcd  Mali^  7 
net,    ihey  called,  Afljuurn^Jdjeurn.      And  there**  J 
upon,  without  any  Caufc  given  on  Our  Part,  inlL  j 
very   unufual  Manner,  adjourned  until  the  /^W-  ' 
nejday  following, 

'  On  which  Day.  by  the  uniformWifdom  ofOlir 
Privy  Council,  We  caufed  both  Houfes  to  be  ad* 
journed  until  the  fecond  Day  of  Alarth  ;  hoping 
iliat  in  the  mean  Time,  a  better  and  more  right 
Undorftanding  might  be  begotten  between  Usaix) 
Members  of  that  Houfe ;  whereby  the  Parliamenf 
'  might  ccme  to  an  happy  iiTue. 
'  But  underrtanding,  by  good  Advertifcmeni>  that 
their  Difcnntent  did  not  in  that  I'itne  digeit  and 
pafeaway^We  refolved  to  maitea  fecond  Adjourn- 
ment, until  the  TentbofvlianVji  which  was  dane» 
as  well  Xa  take  Time  to  Our  felf,  to  thinkof  foma 
Meaiu  to  accommodate  thofe  Di$cultie^   as  tv 


0/  E  N  G  L  A  N  D.      351  ■ 

"  give  tliem  Time  to  advife  belter;  and  accordingly.  An.  4.Chirta% 
'    We  gave  Comma  hU  me  lit  for  a  fecoiid  Adjourn-         ' 

*  tnent  in  botJi  Houfes,  and  for  Ccflationolall  Buli- 

*  nds  till. iJje Day  appoiiitedj  which  was  very  duci- 
'  fully  obeyed  in  the  Higher  Houfe,  no  Man  coi^- 
'  tradi^ing  or  queftioning  it.     But  when  the  fame 

*  Commandment  was  delivered  in  the  Houfc  of 
'  ComnuHi^    by   their   Speaicer,    it   was  ftraiiways 

*  coHtradiiSed ;  and  although  the  Speaker  di.-d a rc<t 

*  unto  tbem.  It  was  an  abfolute  Right  and  Power 
'  in  Us  to  adjourn,  as  well  as  to   prorogue  or  dif'* 

*  fulvei  and  declared  and  read  unto  them  divers 
'  Precedents  of  that  Houfe,  to  warrant  the  fame; 

*  yet  Our  Commandment  was  molt  con  tern  ptuoull^ 

*  difobcyed  ;  and  fonme  riling  up  to  fpeak,  faid,  Tbef 

*  had  Bkfwefs  to  da  lefort  iht  Heufe  Jhmiid  bi  ad' 
'  joumded  (f), 

*  Whilft  the  Duke  of  Bueiingham  lived,  he  wai  ■ 
'  charged  with  all  the  Diflempers  and  ill  Events  of 

*  former  Parliaments ;  and  thereibre  much  Kndea-' 

*  vouc  was  ufed  to  demolt(h  him,  as  the  only  Walt 

*  of  Separation  between  Us  and  Our  People.     But 

*  now  he  is  dead,  no  Alteration  was  found  amongflr 

*  thofe  envenomed  Spirits,  which  troubled,  then,  the 

*  bleficd  Harmony  between  Us  and  Our  Subjects, 
'  and  continue  Dili  to  trouble  it.  For,  now,undtr  the 

*  Pretence  of  public  Care  of  die  Common- Wealtb» 

*  they  fuggeft  new  and  cauflefs  Fears,  which   in 

*  [heir  own  Hearts  they  know  Co  be  lalfe ;  and  ds- 
'  vile  new  Engiiiesot'Mifchief,  fo  to  call  aBlind' 
'  nds  upon  the  ^ood  AtTec^ions  of  Our  People,  that  * 

*  they  may  notice  the  I'ruth  artd  Largenefs  of  Our  - 

*  Hearts  towards  them.  So  that  now  it  is  manifest 

*  the  Duke  was  not  alone  the  Mark  thefe  Men  fliot 

*  at,  but  wasonlyas  ancarMinlfter  of  Ours,  taken 

*  up,  on  the  by,  and  in  their  Paflage  to  their  more 
'  lecret  Defigns^  which  were  only  to  caft  Our  Af- 


rt  Depoitniait., 


(f!  H(«  are  the  PilTigu  <0B(«niB' 
in  Iht  HnuCt,  whtFlt  We  rorbnr  to  repeat , 
It  Ittp  npretred  b  ibc  InfanDilldil  la   the  Siat-Cbai>*ir,  which  * 


t35t    The  Paiiiametitat)  HisTORv     ^| 
'»''  fjiri  into  i  defpcrare  Condidon,    to  abate  rfi^^ 


I 


'  fjiri  into  i  defpcr 

'  K)wers  of  Our  Crown,  and  to  bung  Our  Govern-' 

*  iiu-Lit  iiKo  Obloquy  ;  that,  Li  tlic  £iid,  all  tliijigt 

*  ina}'  be  overwhelmed,  with  Anu'chy  an<l  Coiiiu- 

*  lion. 

•  We  do  not  impute  thcfc  DiOfters  totlie  whole' 

*  Houfe  of  Cwnmons,  knowing  that  ibcre  wore 

*  amonft  them  many  rtii^ious,  grave,  and   wcJl-' 

*  miiulcd  Men,-  but  ihc  fmccrer  and  better  Partuf 
'  the  Houfe  was  over-borne  by  the  Practices  and 

*  L'laniouis  of  il«  other,  who,  carelels  of  their  Du- 

*  lies,  and  taking  Advantage  of  llie  Times,   anil 
'  Our  Ntceirnics,  have  enforced  Us  to  break  ofF 

*  this  Meeting  j  which,  had  it  been  anfwercj  witlf 

*  like  Duly  on  their  Parts,  as  it  was  invited  and  be- 

*  gun  with  Love  on  Ours,  might  lave  proved  happy 

*  an (!■  glorious,  both  to  Ua  and  thi=  whole  Nation.   ■ 

*  \\  t  have  thus  declared  the  manilold  Caufcs  We 
'  lia<l,  to  (liliblve  this  Parliament,  whereby  all  rhe 

*  VV'urld  may   fee.  How  much  they  have    (orgot- 

*  tai  their  foimer  Engagements  at  chc  Entry  ijito 

*  the  War,   ilicmfclves   being   Perfuaders    to  itj 

*  piomifing    to  make  Us    feared  by  Our  Enemies,- 

*  and  dleenied   by  Our  Friends:    And  how  they 

*  turned  the  Ncceffitiei  grown  by  tiiat  War,  to  en-' 

*  force  Us  to  yield  to  Conditions  incompatible  with 
'  Monarchy, 

'  And  now  that  Our  People  may  difcern,    that 

*  ihefc  Provocations  of  evil  hAiux  (whofe  Punilh-' 

*  nienis  We  refervc  ro  a  due  Time)  have  not  chang- 

*  ed  Our  good  Intentions  to  Our  Subjects,  \Vc  do' 
*■  bere  pfolefs  to  maintain   the  true  Religiun  aiul- 

*  Doctrine,  cllabltlhed  in  the  Church  of  UnglanJt  • 

*  without  admitting   or  conniving  at  any  back-* 

*  Aiding,  cither  to  Popery  or  Schilm,     Wc  do  al-  ■ 

*  lb  declare.  That  We  will  maintain  the  anticnt' 
■  andjuA  Rights  and  Liberties  of  Our  SubjedtSj  ' 

*  with  fo  much  Cuiiftancy  and  JuiUce,  that  they 
'  flijll  have  Caufe  to  acknowledge,  That  und<^ 
'  Our  Grovernment  and  gracious  Ptotei5tion,  t' 
^  live  iu  a  more  happy  and  free  Statt;,  than  ann 

*  ''Siubjef 


Of   ENGLAND.    353 

^'  SubjeSs  in  the  Chriffian  World.   Yet  let  no  Main ^n.  4.<:hi8lc8l.' 
'  hereby  take  the  Boldnefs  to  abufe  that  Liberty,.       '^*^* 
'  turning  it  to  Licentioufnefs ;  nor  mifinterpret  the 

*  Petition,   by  perverting  it  to   a  laWlefe  Liberty, 

*  wantonly  or  frowardly,  under  that  or  any  other 

*  Colour^  to  refift  lawful  and  neceffary  Authority. 

*  For  as  We  will  maintain  Our  Subjecb  in  thejr  juft 
*.  Liberties,  fo  We  do  and  will  expe£l,  that  they 
'  yield  as  much  Submiffion  and  Duty  to  Oiir  Royal 

*  Prerogatives,  and  as  ready  Obedience  to  our  Au- 
*!  thority  and  Commandments,  ^  hath  becrx  per- 
'  formed  to  the  greateft  of  Our  Predeccflbrs. 

*  And  for. Our  Minifters,  We,  will  not  that  they. 

*  be  terrified  by  thofe  harfli  Proceedings,  that  have 

*  been  ftrained  agalnft  fome  of  them.  .  For,  as  we 
'  win  not  command  any  thing  unjuft  or  difbonour- 
'  ahle,but  (hall  ufe  Our  Authority  and  Prerogatives  for 

*  the  Good  of  Our  People;  fo  We  will  expedt,  that 

*  Our  Miniftcrs  obey  Us,  and  they  {hall  afTure  them- 

*  felves  We  will  proteS  them. 

•  As.  for  Our  Merchants,  We   let  them  know, 

*  We  {hall  always  endeavour  to  cberi{hand  enlarge 

*  the  Trade  of  fuchas  be  dutiful,  without  burthening 
^  them  beyond  what  is  fitting:  But  the  Duty  of  five 

<  in  the  Hundred,  for  guarding  of  the  Seas,  and 
'  Defence  of  the  Realm,  to  which  We  hold  Our- 

<  Selves  dill  obliged,  (and  which  Duty  hath  con- 
*'  ttiiued  without  Interruption  fo  many  Succeffion  of 
'  Ages)  We  hold  no  good  or  dutiful  Subje<9:  will 
'  deny,  it  being  fo  necefllary  for  the  Good  of  the 
'  whole  Kingdom.   And  if  any  fa£Hous  Merchant 

^  will  affront  Us,  in  a   thing  fo  i^eafonable,  and  ' 

*  wherein  We  require  no  more,  nor  in  no  othet 

*  Manner,  than  fo  many  of  Our  Predeceflbrs  have 

<  done,  and  have  been  dutifully  obeyed :  Let  them 

*  not  deceivq  themfelves,  but  be  afTured,  that  We 

<  {hall  find  honourable  and  jufl  Means  to  fupport 

*  Our-Eftate,  vindicate  Our  Sovereignty,  and  pre- 
«  ferve  the  Authority  which  God  bath  put  into  Our 
«.  Hands. 

.  \  And  now  havinglaid  down  the  Truth  and  Clear- 
Voi.Viri.  Z  ^nefe 


354  ^-^^  Parliamentary  Historit 
CWIcit.  c  ncfs  of  Our  Proceedings,  all  wife  and  difcr«e 
Men  may  eafily  ^udgi;    of  thofe  Rumours    aiid 
'jealous   Pears,  tliat  are  malrciouny  and  wickedly 

*  bruited  Abroad  ;  and  may  difccrn,  by  Examination 
'  of  their  own  HeaitSj  whether  (in  refpeft  of  the 
'  free  Pafljge  of  the  Gofpel,  indifferent  and  equal 

*  AdminiftraiLon  of  Juftice,  Freedom  from  Op- 
'  prcflion,  and  the  great  Peace  and  Quietnefs  whicli 
'  every  Man  enjoyeih  under  his  own  Vine  and  Fig- 
'  Tree)  tlie  Happincfs  of  ihis  Nation  can  be  para]- 

*  leled,   by  any  of  our  Neighbour-Countries;  atid 

*  if  nof.'then  toacknowledfre  their  own  BleJTedncfe, 
'  and  for  the  fame  be  thankful  to  God,  the  Author 
»  of  all  Goodncfs.' 

Mr  lldlis  Sir        March  4.  Two  Days  after  the  Date  of  the  fore- 

7.  Eli::,i,  and     going  Proclamation,    (tho'  R.ujhwnth  fays  it  was 

other  Mfmfcrt,  not  puhliftied  till  the  loth}  Warrant  Were  diredcd 

the  Privy-Coun-  ^^om  the  Ptivy  Couttcil  to  DoizU  Heltes,  Efq;  Sir 

til.  MUs  Habart,    Sir  Jehn  EUiol,   Sir  PeUr  Hayman, 

John  Selderiy  mUiam  Corilon,  IValter  long,  mi- 

liam  Sirea/J,    and  Benjamin  FuUnline,  Efqts.  com-' 

manding  their  perfunal  Appearaiwe  the  next  Day. ' 

Mr.  Hallis,  Sir  Jehn  EUUt,  Sir  Milis  Hoiart,  and 

Sfr  PeUr  Haynian  appearing,  Mr.  Hellcs  was  quef- 

tioiied,   '  Wherefore  he,  contrary  to  his  former  Ufe, 

did,   that  Mornings  that  the  Tumult  was  in   the 

LowLT  Houfe  of  Parliament,   plice  himfclf  above 

divei:.  of  the  Privy  CounfeJIors,  by  the  Chair.' 

He  anfwered,  *  Thai  he  at  !ome  other  Times, 
as  well  as  then,  featcd  hjmfelf  ;;!  tltat  Place;  and 
as  for  IiJs  Sitting  above  the  Pri  y  Counfellors,  he 
toi>fc  it  to  be  his  Due  in  any  Placi:  wherefoaver,  un- 
lets at  the  Courcil- board.  And  as  for  his  Part,  he 
came  into  the  Houfe  with  as  great  Zeal  to  do  his, 
Majefty  Service  as  any  one  whatfoever.  And  y*t 
neverthelefs,  finding  his  Maj,cfty  was  now  offended 
with  him,  lit-  humbly  defired,  thit  be  might  rather 
be  the  £ub]e<Sl  ol  his  Mercy  than  of  hisPower.' 

To  which  the  Lord  Tn;afurer  anfwer.d,  '  You 
mean  rather  of  hii  Majdtv's  Mercy  than  of  his 
Juftice.' 

Mr. 


1    V 


Of   EN  GLAND.    355 

Mr.    Holies   replied,  '  I  fay  of  his   Maj efty's  An- 4.Charl«  I, 
Power,  my  Lord/ 

Sir  5^^/5>«  Elliot  was  next  called  in. 

He  was  queftioned,  *  Whether  he  had  not  fpoken 
fuch  and  fuch  Words,  in  the  Lower  Houfe  of  Par- 
liament, and  (hewed  unto  the  faid  Houfe  fuch  and 
fuch  a  Paper?* 

He  anfwcred,  •  That  whatfoever  was  faid  or 
done  by  him  in  that  Place,  and  at  that  Time,  was 
performed  by  him  as  a  Public  Man,  and  a  Mem- 
ber of  that  Houfe ;  and  that  he  was,  and  alwa;^s 
will  be^  ready  togive.an  Account  of  his  Sayings  and 
Doings  in  that  Place,  whenfoever  he  fhould  be  call- 
ed unto  it  by  that  Houfe  ,*  where,  as  he  taketh  it,  ' 
it  is  only  to.be  queftioned  :  And,  in  the  mean  time, 
being  now  but  a  Private  Man,  he  would  not  trouble 
himfelf  to  remember  what  he  had  either  fpokeft  <Jr 
dene,  in  that  Place  as  a  Public  Man.' 

Sir  Miles  Hobart^  befng  queftioned  about  his  De- 
meanor in  theLower  Houfe  of  Parliament,  the  fame 
Day,  arid  for  fliuttrftg  the  Door ; 

He  anfwered,  *  That  he  defired  to  know,  by 
what  Warrant  he-wiis  63tamined  to  give  an  Account 
of  his  ASions  in  Parliament,  when  he  was  a  Mem- 
ber of  that  Houfe.'  And  he  faid,  «  He  believed  that 
this  was  a  Courfe  without  Precedent,  and  no 
Council  nor  Commiflion  could  take  Notite  of  any 
thing  done  in  P^rKament,  but  a  Parliament  itfclf. 
Nevcrthelefs  he  would  not  fliek  to  confefs,  that  it 
was  he  that  fhu^  the  Door  that  Day  j  and  when  lie 
had  locked  the  Door,  put  the  Key  in  his  Pocket j^ 
fandhe'did  it  becaufe  the' Houfe  demanded  it.  T 

oti  Peter  Hayman  was  queftioned,  *  Wherefore   .. 
Be  rcivoved.  the  Speaker  fo  fharply,  that  Day,  in  the 
Lower  Houfe  of  Parliament  V 

He  anfwcred,  \  Becaufe  he  was  the  Speaker,  and 
fp  the  Servant  of  the  Houfe  ;  and  one  that  ought  to^ 
hare  applied  himfelf  to  the  Command  of  the' 
Hemic  s  and  he  did  it  with  the  more  Freedom  and 
Qeteftation,  becaufe  he  was  fab  Countryman ;  but 
yet  ihoold  aUb  haVe  iottt  it  to  any  other  Man,  (bat, 

Z  a  vsv 


^K  356   The  Parliamentary  History 

AB-4-CI>ulMl.inthcf2mt;Kind,  ftlould  have  defer ved  it  as  he  did.' 
'***■  And  heingfattherdemandcdf^;, '  What  he  himfcif 

would  have  done,  if  he  had  been  Speaker,  and  com- 
manded liy  the  King  to  deliver  fuch  a  Meffage  from 
his  Majefty  to  the  Houfe?  He  aiifwercd,  'He would 
have  thrown  himfelf  at  his  Majefty.s  Feet,  and  ha- 
ving given  his  Majefty  to  underfland  that,  in  re- 
fpeS  he  was  the  Speaker,  he  was  tlie  moft  impro- 
per andunfitPeifonof  any  to  deliver  fuch  a  MefTage; 
and  would  therefore  have  mod  humbly  fupplicaced 
his  Majefty,  to  have  elected  fomc  other  to  have 
performed  that  Part.' 

Upon  thefe  Anfwers,  the  four  laft-named  Gentle- 
And conmitttd  "^W  were  committed  clofe  Piifonersto  the  Tiwfr; 
ctofc  Piiftners.  the  Studies  of  Mr.  HbI/hs,  Mr  SMen,  and  Sir  John 
Ellist  were  fealed  up ;  and  Mr.  Long  and  Mr.  Siraud, 
not' appearing,  a  Proclamation  was  ifTued  out  for 
apprehending  them ;  and  not  long  after  they  were 
taken  and  committed  to  the  King's BenchVn^Qn. 

The  King,  beijig  rcfolved  to  proceed  againft  thefc 

Members  of  the  Houfe  of  Commons,  in  the  Star- 

Chambtr,  ordered  all  the  Judges  to  be  fummoned  ; 

who  being  accordingly  met  at  Seijiants-Inrtj  on  the 

25th  of  jipril,  one  Queftion  was  propofed  by  Mr. 

QuedioM  propof.  ■^''''™*V)  and  refolved,  wz.  'That  the  Statute  of 

id  tothc  Judge!,'  ^Henry'Vlll.  \n\k\i\eA,^n  Ait  concerning  Richard 

CencTil  'relat^  '  ^^"''''j  wa*  ^  particular  A£t  of  Parliament,  and 

inj  tothcDi.       *  extended  only  to  Richard  Strodt,  and  to  thofe 

*  Perfons  that  had  joined  with  him   to  prefer  a 

*  Bill  to  the  Houfe  of  Commons  concerning  Tin- 

*  ners ;  and  altho'  the  A£t  be  private,  and  cxtend- 

*  eth  to  them  alone,  yet  it  was  no  more  than  all 

*  other  Parliament-Men,  by  Pri/ilegeof  thcHoufe, 

*  ought  to  have,  viz.  Freedom  of  Speech  concerning 
'  thofe  Matters  debated  in  Parliament,  by  a  parlia- 
'  mentary  Courfe.' 

The  reft  of  the  Queftions  Mr.  Attorney  was 
wiflied  to  fet  down  in  Writing  againft  another  Day. 

Upon  Monday  following  all  the  Judges  met  again, 
and  then  Mr.  Aitsrney  propofed  thefe  Queftions, 

(l)  This  Pingnph  ami  Ihe  forijoing  PiflaEo  la  CrOlehiW 
sreumittedinSirTttmaiCrETO'iCoUetlioni,  but  tupplitd  fiooi  the 
Muufciipu  bcforcneniiancif. 


0/    E  N  G  L  A  ISf  D.      357 

1.  IVhither  if  any  Suhjeit  hath  recehed  probable  ^■^•^^^•'i'*^- 
Information  of  any  Treafon  er  treachtrous  Attempt^  '  '^ 
or  Intention  again]}  the  King  or  Slate,  that  Suhje£t 
ought  net  to  make  inawn  to  the  King,  er  his  Ma' 
jefly's  CommiJJioneTS,  luhrn  thereunto  he  Jhail  he  re- 
quired^ what  Informalim  he  hath  received,  and  the 
Grounds  thereof;  to  the  End  the  King,  king  irufy 
informed,  may  prevent  theDanger?  And  if  the /aid 
Sul^eit,  in  fuch  Cafe,  Jhall  refufe  to  be  examined,  or 
to  anfwer  the  ^eflims  which  Jhall  be  demanded  of 
him'  for  further  Inquiry  and  Dtfcevtry  of  the  Truth, 
Whetlxr  if  he  mt  a  high  Contempt  in  him,  punijhable 
in  the  Slarchamber,  as  an  Offence  again/}  the  general 
Jujlice  andGowmment  of  the  Kingdom? 

Sol.  The  Refolution  and  Anfwer  of  all  the  Juf-  And  ihej  Ah-  * 
tices,  is,  '  1'Jiat  it  is  an  OfFecice  puniftiaSJe  as  afore-  ^'^'"^' 
faid,  To  that  this  do  not  concern  himfclf,  but  ano- 
ther, nor  draw  him  to  Danger  of  Treafon  orCon- 
tempt,  by  his  Anfwer, 

2.  iVhether  it  be  a  good  Anfwer  er  Excufe,  being 
thus  interrogated,    and  refufmg  ta  anfwer ,  to  fay ^ 

*  That  he  was  a  Parliament- Man  when  he  received     ^^^^^H 

*  this  Information,  and  that  he  fpake  thereof  in    ^^^^H 

*  the  Parliament- Houfe ;  and  therefore  the  Pariix-    ^^^^H 

*  ment  being  now  ended,  he  refufed  to  anfwer  to    ^^^^^H 

*  any  fuch  Quelfions  but  in  the  Parliament-Houlcj,  ,^^^^^H 

*  and  not  in  any  other  Place?'  -j^H^^^| 
Sol,  To  this  the  Judges,  by  Advice  privately  to'  '^n9|^| 

Mr.  Aiiemey,  gave  this  Anfwer,  '  That  this  Ex-  ^M 

'  cufc  being  in  nature  of  a  Plea,  and  an  Error  in  M 

'  Judgment,  was    not    punifkable,  until  he    were  ^^ 

'  over-ruled  in  an  orderly  Manner,  to  make  ano-  .^'^^^l 

*  ther  Anfwer ;  and  whether  the  Party  weie  brought  ^^^^^H 

*  in  Ore  ienus,  or  by  Information,  for  this  Pli;a  he  ^^^^^H 

*  was  not  to  be  punilhed.'                                        '  ^^^^^| 

%,  lyhellfer  a  Parliament-Man^  commtttiag  an-  ^^^^^| 
Offence  again/}  the  King  or  Council,  net  in  a.  Parlia--  ^^^^^^M 
ment  way,  might,  after  the  Parliament  ended,  bf  ^^^^^| 
puni/hedi  or  not?  ■■    .^^^^^H 

Sol.  At!  the  Judges,  una  voce,  anfucered,  *'  Ha\^^^^^H 
'  might,  if  he  he  not  puniihed  for  it  in  Parliament  }'"^^^^^H 
-ffiSfctiic  Parliament  Ihall  not  gvc  Privilege;   to'    ^^^^H 


HC» 


358  7he  Parliamentary  Historv 
kii.'  any   centra    mertm  ParliamtnSarium^  to  exceed 

*  the  BounUs  and  Limits  of  his  Place  and  Duty.' 
Ar\d  all  agreed,  '  That,  regularly)  he  cannot  be 
'  compclkil,  out  of  Pariumenc,  to  anfwer  Thin^ 

*  done  in  Parliament,  in  a  Parliamentary  Courfe  i 

*  but  it  is  oiherwife  where  Things  arc  done  exor- 

*  bitantly,  for  thofe  are  not  the  Afls  of  a  Court.' 

4.  Whether-  if  mi  Pailiamrnt-Man  ahneJhaU  ff 
folvfs  or  two  or  iisriejhali  covertly  confplre,  U  rai/t 
falft  Slanders  and  Rumours  againji  tht  Lords  of  tb$ 

Civncil  and  'Judges ;  not  with  Intent  to  quejiian  tbtiK 
in  a  legal  Courfe,  or  in  a  Parliamentary  uiay,  but  U 
blaji  them,  and  to  bring  them  to  Hatred  of  the  Pt*- 
pk,  and  the  Government  in  Contempt  ;  be  punifliaiU 
in  the  Star-chamber  after  the  ParUamint  is  ended? 

5d/.  The  Judges  refolve,  'That  the  fame  13 
^  punifliable  out  of  Parliament,  as  an  Offence  ex- 

*  orbitant  committed  in  Parliament,  beyond  the  Of- 

*  fice,  and  befide  the  Duty  of  a  Parliament  Man/ 
There  was  another  Queftion  put  by  Mr.  Jlttsr- 

>l«y,  vi%. 

5.  Whether  if  a  Man  in  Parliament,  by  way  of 
JDigreJfian,  and  not  upm  any  Occofton  arifing  con- 
cerning the  fam£  in  Parliament,  Jhall  fay,  '  The 
'  Lords  of  the  Council,  and  the  Judges  had  agreed 

*  to  trample  upon  the  Liberty  of  the  Subject,    and 

*  the  Privileges  of  Parliament,  he  were  puiiijhable  or 

The  Judges  defired  to  be  fpared  to  make  any/ 
Jwer  thereunto,  trecaufe  it  concerned  themletves  jj 
particular. 

The  next  Day,  Mr.  Attorney  put  to  the  Judges 
another  Cafe, 

6.  //  ii  demanded  of  a  Parliament-Alan,  being 
called  Ore  tenus,  before  the  Ceiat  o/ Star-chamber, 
and  being  charged.  That  he  did  net  fubmit  himfelf  to 
Examinatian  far  fuch  things  as  did  concern  th» 
King  and  the  Government  af  the  State,  and  were  af- 
firmed to  be  done  hy  a  third  Perfo>i,  andnst  by  htm- 
filf;  if  he  cenfejes  his  Hand  to  that  Rtfufal,  and  make 
his  Excufe,  and  plead  only  that  he  had  Privilege  of 
Parliament ;  Whether  i)>e  Court  will  ml  O'uer-ruifV 

thiiii 


-0/   E '  N  G  L  A  -N  D."^  'Ysg 

ibis  Plea  as  rrrdnebus^  and  tH^f  he  ought  to  mah  a  Ani4.ChirIe9l. 
further  Anfwer  ?      .  \  ^^^^T. 

^  5^/. '  It  is  the  juijcft  Way  for  the  Kingand  the  Pai;- 
-ty  not  to  proceed  Ore  tenus ;  becailfe,  it  being  a  t^oint 
in  Law,  it«  is  fit  to  liear  Coanfel  before  it  be  oVec- 
xuled ;  and  upon  an  Ore  tenus ^  by  the  Rules  of  Siar^ 
-Chamber^  Courifel  ought  not  to  be  admitted ;  and  it 
pwould  not  be  for  the  HcJnour  of  the  King,  nor  thf 
jSafety  of  thd  Subje<St,  to  proceed  in  that  Mahnet.  ^ 
On  thde  Attfwers  from  the  Judges,  fhe  King's 
•Attorney  OencraJ  next  proceeded  to  e'xWbft  an  la- 
formation,  j^nft  the  Gentlemen,  in  the  Court  of 
Star  Chamber  \  which,  tho*  not  ftri6Hy  Parliamen- 
tary, yet,  ajit  refers  to  what  had  been  done  and 
faid  in  Parliament,  deferves  our  Notice ;  as  well  a^ 
aU  the  reft  of  the  Proceedings  agairift  them,  as  they 
are  collected  in  Rujhworth^  to  the  End  of  this  Bu- 


yovis  *]m6*  Die  Mail,  Anno  ^U,  Car.  R. 
To  the  K 11^  G'i  Mo/i  Excellent  Majejiy. 


HUmbly  iheweth  and  informeth  unto  your 
Moft  Excellent  Majefty,  Sir  Robert  Heathy 
Knight,  your  Majcfty's  Attbmey  General,  for 
and  on  your  Majefty's  Behalf,  That  whereas,  by 
the  antient  and  fundamental  Laws  of  this  King- 
dom,  the  High  Court *of  Parliament  confiftetb  of 
the  Lords  Spiritual  and  Temporal  in  the  Lofds^"  informatioa 
Houfe,  and  of  the  Knights,  Citizens,  and  Burgef-  cbJ^J^r  agtinft 
fes  in  the  Commons  Houfe  of  Parliament ;  and  Mr.  Ho/Ui,  sir 
thofe  two^Houfes,  thus  compofed,  do  together  ^''^" -^''-^'^'^  **^* 
makeup  that  great  and  honourable  Body,  whefe- 

,of  your  moft  Excellent  Majefty j  as  the  Supreme 
Sovereign,  Is  the  Head :  And  whereas  the  rbwej; 
of  Summoning  and  Affembling  of  Parliaments, 
and  of  Continuing,  Proroguing,  Adjourning,  afid 
Diffolving  thereof  within  this  Realm  at  your  good 
Pleafure,  is  the  undoubted  Right  of  your  Maje-  " 
fty ;  and  the  Liberty  and  Freedom  of  Speech^ 
which  the  Members  of  the  ikid  Houfes  of  Par- 

'  liament  have,  according  to  the  Fririleges  of  thofe 

Z  4  *  fever^ 


360  The  Parliamentary  History 

1 '  feveral  Houfcs,  to  debate,  confuJt,  and  determine 
'  of  thofe  Things  which  are  propounded  amongft 

*  theni)  is,  and  ever  hath  been,  and  ought  to  be, 

*  limited  and  regulated  within  the  Bounds  of  Mo- 

*  deration  and  Modefty,  and  of  that  Duty  which 

*  Subjeifls  owe  to  their  Sovereign:  And  whereas 
'  your  Majefty,  for  many  weighty  Caufes,  and  for 
'  the  general  Good  and  Defence  of  the  Church  and 

*  State  of  this  your  Kingdom,  lately  fummooed  s 
'  Parliament  to  be  holden  at  your  City  of  li^ejimin- 

*  Jler,  the    17th   Day  of  jWarcA,    in  the  3d   Year 

*  of  your  Majefty's  Reign,  which  contiaued  from 

*  thence  by  Prorogation  untihhe  20th  Day  of  "Ja- 

*  Bwarj'laft  i  from  which  Day,  until  the  25th  Day  of 

*  February    following,   the  faid  Houfes  continued 

*  fitting.  And  although  the  greater  Pari  of  the 
'  Houfe  of  Commons,  being  zealous  of  the  Com- 
'  mon  Good,  did  endeavour  to  have  effedlcd  thofe 
'  good  Things  for  which  they  were  called  thither ; 

*  ycc  betwceji  the  faid  20Ch  Day  of  January,  and 

*  the  faid  2^  th  Day  of  February,  by  the  malevolent 

*  Difpofition  of  foine  ill-afFcfled  Members  of  the 
'  {kid  Houfe,  fundry  Diveifiuns  and  Interruptions 

*  were  there  made,  and  many  Jealoufies  there  im- 

*  jullly  raifed  and  nouiiOied ;    10  the  Difturbance 

*  of  thofe  orderly  and  Parliamentary  ProcecdingjS, 
'  which  ought  to  have  been  in  fo  grave  a  Council. 

*  During  which  Time  of  the  faid  laft   Meeting  in 

*  Pailiament,  asaforefaidjfo  it  is,  may  it  pleafe  your 

*  mod  Excellent  Majefl-y,    that  Sir  John    EUiet 

*  Knight,  then  and  all  the  Time  of  the  faid  Parlia- 
'  ment,  being  one  of  the  Members  of  the  faid  Com- 

*  mons  Houfe,  wickedly  and  malicioufly  intending, 
'  under  a  feigned  Colour  and  Pretence  of  debating 

*  the  necellary  Affairs  of  the  ptefentEftate,  to  lay  a 

*  Scandal  and  unjuft  Afperfion  upon  the  Right  Ho- 

*  nourahle  the  Lords,  and  others  of  your  Majcfiy's 
'  moft  Honourable  Privy-Council,    and  upon  the 

*  Reverend  Judges,  and  your  Counfel  learned  j  and 
'  as  much  as  in  him  lay,  to  bring  them  into  tile 

*  Hatred  and  ill  Opinion  of  the  People;  after  the 

*  (aid  2odi  Day  of  January,  and    before  the   faid 

'  25th 


\ 


Of  E  N  G  L  A  N  p.     361 

*  2  ;th  Day  of  February  laft,  did  openly  and  publick-  Afi.  ^-Chwlar. 

*  ly  in  the  fald  Houfe  of  Commoiis,.falily  and  ma- 

*  HcLoufly  affirm.  Thai  your  Affljajifi  Privy-Couti- 
'  cil,  all  your  "Judgss,  and  your  Comijd  learntd,  had 
'  cBnfplred  together  la  trample  under  (fuir.  Feet  tht 
'  Liberties  of  the  faid  Suhji!is  of  tka..Realm,  end 
'  the  Privileges,  if  thai  Hoiife.    ' 

'  And  further,  fo  ir  Is,  may  it  pleafe  your  moft 
'  Excellent  Majefly,  that  when  your  ]Vlajcfty,upoa 

*  the  25th  Day  of    February,   liad,    by  Sir  John 

*  Finch,  Knight,  then  Speaker  of  the  faid  Houfe 
'  of  Commons,  flgnified  your  Royal  Pleafurc  to  the 
'  faid  Houfe,    thnt  the  faid  Houfe  of  Commons 

*  fliould  be  inftantly  adjourned  until  the  zd  Day  of 
»  March  then  following,  he  the  faid  Sir  Ja'm  ElU- 

*  et,  and  Dsnzil  Holies,  Efqj  Benjamin  Valentine^ 
'  Gent.  If'alur  Long,  Efq,  fVilliam  Corrton,  Efq; 
'  mUlam  Strode,  Efq ;  John  Selden,  Efq;  Sir  Mies 
'  Hobart,    and    Sir   Peter   Hayman,    Knights,   all 

*  Members  at  that  Time  of  the  faid  Commons. 
'  Houfe,    conceiving  with   tfeemfelves,  that  your 

*  Majefty,  being  Juftly  provoked  thereto,  would 
'  fpeedily  diflblve  that  Parliament  j  they  the  faid 
'  Sir  ■'John  Elliit,  Denzil  Holies,  Benjamin  Falen-, 
«  tine,  IValter  Long,  rt^tlliam  Caritan,  Tf^itUam 
'  Strode,  John  Sddm,  Sir  Miles  Hobart,  and  Sir 
<' Peter  Hayman,  and  every  of  them,  by  unlaw- 
'  ful  Confederacy  ajid  Combination  between  them 
'  in  that  Behalf  before  had,  did  malicioufly  refolve, , 

*  agree,   and  confpire,   how  and  by  what  Means, 

<  before  that  Parliament  fhould  be  dilFolved,  ihey 
'  might  raifc  fuch  falfe  and  fcandalous  Rumours  a- 
'  gainU  your  Msjefty's  Government,  and  your 
'  Counfeilors  of  Eftatc  attending  your  Perfun,  that 
'  thereby   as  much  as  in  iht-m  lieth,   they  might 

<  difturb  the  happy  Government  of  this  Kingdom, 
'  by  and  under  your  Majefty  ;    interiupt  the  Coitrfe 

*  of  Traffick  and  Trade;    difcourage  your  Mer-_ 

*  chants,  and  raife  Jealoufies  and  Sufpicions  in   the  , 

*  Hearts  of  your  People,  that  the  Smcerity  of  the- 

*  true  Religion  profefTcd  and   eftabliflicd   in  thia< 

«  Kingdom, 


fcwS 


362   T&e  Parliamentary  Histor  y 
An. 4. chatla I. '  Kii^ilom,  Was  negle^d:  And  in  Purruancc  of 
>6h.         (  this  their  Rdblurion  and  Con6deiKe  atbrelaid,  tho 

*  Taid  Sir  'Jchn  El/lot,  with  tlie  Privity  and  Confent 

*  of  the  faid  Dein.il  Hclbst  and  all  other  the    faid 

*  Confederates,  did  prepare  a  Paper  or  Wriung, 
'  wherein  he  bad  written,  orcaiifej  to  be  written, 

*  divers   falfe  and  fcandaluus  Allcriions,    tuucbing 

*  your  Majefty's  Government,  and    touching    the 

*  Pcrfonsofdiversof  your  Privy-Council;  which  ho 

*  and    they  refulved,    and    confpired,  and    agreed, 

*  Ihoutd  be  delivered  into  the  fard  Houfc  of  Com- 

*  mons,  and   there  publickly  read;  10  the  wicked 

*  and  fcJitious  Intents  and  Purpofes  arcrefaid,  and 

*  nut  with  any  Pilrpofe  or  OfHnion,  tiiat  ihofe 
'  Things  that  were  therein  contained,  if  they,  05 
'  any  of  them  had  been  true,  as  indeed  they  wcni 
'  not,  fhould,  or  could  be  at  that  Time  entertaio- 

*  ed,  or   piirfued  in  any  Legal  or  Parliamcntaiy 

*  Way;  but  meerly  and  only  10  cxprcfs,    and  vent 

*  his  and  their  own  Malice  and  Diiaffsi^oa  to  your 

*  Majefty  and  your  happy  Government, 

*  And  yourMajefty,  upon  the  (aid  Second  Day 

*  of  March  now   laft  paft,  having   llgnified    your 

*  Royal  Pleafure  unto  the  faid  Sir  ^ahn  Finch,  then 
'  the  Speaker  of  that  Houfe,  That  the  faid  Houfe 
'  fiiould  then  be  prefently  adjourned  until  the  tenth 
'  Day  of  the  faid  Month  of  March,  without  any 
'  further  Speech  or  Proceedings  at  that  Time  ;  and 
'  the  faid  Speaker   then  delivered    your  Majefty's 

*  Pleafure  and  Commandment  to  the  faid  Houfe  ac- 

*  cordingly,  and  declared  unto  them  your  Ma- 
'  jefty's  exprcfs  Charge  and  Command   unto  him, 

*  Thit  if  any  (hould,notwithftanding,  difoheyyour 
'  Majefty's  Command,  that  he  muft  forthwith  leave 

*  the  Charge,  and  wait  upon  your  Majefty :  Unto 
'  which  Commandment  of  your  Majefly,  and  Sig- 
'  nification  of  your  Royal  Pleafure  in  that  Belialf, 

*  foraprefentAdjournmentofthe  Houfe,  the  great- 
'  eft  Number  of  the  Members  of  that  Houfc,  in 
'  their  Duty  and  Allegiance  unto  your  Majefty, 
'  were  willing  to  have  given  a  ready  Obedience  j  as 


Of   ENGLAND.   .363 

*  the  Lords  Spiritual  and  Temporal  of  the  Lords  An.^Charl€sT. 

*  Houfe,  upon  the  very  fame  Day^  upon  the  like       *     * 

*  Signification,  made  unto  them  of  your  Majefty's 

*  Pleafure,  by  your  Lord  Keeper  of  your  great  Seal 

*  of  Englandy  the  Speaker  of  that  Houfe,  had  done: 
^  Yet  fo  it  is,  ipay  it  pleafe  your  moft  Excellent 
^  Majefty,  that  the  faid  Sir  John  Elliot^  for  the  fa- 

*  tisfying  of  his  own  Malice  and  difloyai  AfFe<2ions 

*  to  your  Majefty,  and  by  the  Confederacy  and, 
*'  Agreement  aforefaid,  and  in  ^  high  Contempt  and 
^  Difobcdience  unto  your  Majefty 's  Command, 
**  aforefaid,  and  with  fet  Purpofe  to  oppofe  your, 
^  Majefty's  faid  Command,  did  ftand  up,  and  fe-. 

*  veral  Times  offered  to  fpeak^    Whereupon  the 

*  faid  Speaker,  in  Obedience  to  your  Majefty's  faid 

*  Command,  endeavouring  to  have  gone  out  of  the 

*  Chair,  the  faid  Denzil Holies  and  Benjamin  Valentine^ 
«  being  then  next  the  Speaker's  Chair,  and  the  one 

*  of  them  on  tlie  one  Hand,  and  the  other  of  them 

*  on  the  other  Hand  of  the  Speaker  (where  they  fo 

*  placed  themfelves  of  Purpofe  on  that  Day)  out  of 

*  theic  Difobedience  to  your  Majefty,  and  fcy  the 

*  Confederacy  and  Agreement  aforefaid  ;  violently,  ^  ' 

*  forcibly,  and  unlawfully,  and  with  Purpofe  to  raifc 
^  a  Tumult  in  the  faid  Houfe,  kept  and  held  the  (aid  . 

*  Speaker  in  the  faid  Chair,  againft  his  Will :    And 

*  the  faid  Speaker  again  endeavouring  X^  leave  the 

*  Chair,  and  having  then  gotten  out  of  the  Chair,  ^ 

*  they,  the  faid  Denzil  Holies  and  Benjamin  Va- 

*  lentine^  laid  violent  Hands  upon  the  faid  Speaker, 

*  forcibly,  and  unlawfully,   and   by  ftrong  Hand, 

*  thruft  him  into  his  Chair  again ;  and  then  the  faid 

*  Sir  John  Elliat  again  flood  up,  and  ufed  thefc 
*'  Speeches ;   JVe  have  prepared  a  fl)ort  Declaration 

*  if  6ur  Intentions^  which  I  hope  Jhall  agree  ivith 

*  the  Honour  of  the  Houfe^  and  the  Jujfice  of  the 

*  King.  And  with  that,  he  threw  down  a  Paper  in- 
^  to  the  Floor  of  the  faid  Houfe,  defiring  it  might 
^  be  read  :  And  die  faid  Denzil  Holies^  Benjamin 

*  'Valentine^  and  •  all  other  the  Confederates  afore- 
^  faid,  in  Difobedience  and  high  Contempt  of  your 

*  Majefty's 


364  The  Parliamentary  History 

I.  <  Maicfty's  (aid  Command,  called  and  cried  out  to 

*  have  the  fame  Paper  read.    But  fome  others  of  the 

*  Houfc  fpake  to  tlic  Contraryj  that  it  might  not  be 

*  read  i  and  the  Houfe  thcreupoji,  by  Reafon  of  the 
'  difordcrly  Behaviour  of  the  faid  Confederates,  wai 

*  much  troubled ;  many  prefliiig  violently  and   tu- 

*  multuoufly  to  have  the  faid  Paper  read,  and  others 
'  dutifully  and  diligenily  urging  the  Contrary,  to  die 

*  great  Difquiet  and  DiTcomfort  of"  many  weli-af- 
'  fecled  Members  of  that  Houfe.  And  the  (aid 
'  IVilliam  Ciriioii,  in  this  Diflemper,  demeaned 
'  himfelf  fo  paflionately  and  violently;  that  he  then, 

*  and  there  violently,  forcibly,  and   unlawfully  al- 

*  faulted  and  ftruck IVintcrltm,  Gent,  then 

'  being  a  Member  of  the  faid  Houfe:  And  divers 
»  of  the  Members  of  the  faid  Houfe,  being  then  de- 
'  firous,  and  endeavouring  to  have  gone  out  of  the 
'  faid  Houfe,  the  faid  Sir  Mitts  Hobart  did,  of  his' 
'  own  Head,  lock  the  Door  of  the  faid  Houfe,  and 
'  kept  the  Key  thereof;  and  imprifoned  the  Mcm- 
'  bers  of  the   faid  Houfe,   being  then   in  the  laid 

*  Houfe,  againft  their  Wills,  fo  that  none  of  thpm 

*  could  go  out.  And  the  faid  IViltiam  Strode,  ioz 
'  the  further  exprefling  of  his  Malignity  and  ijji- 

*  dutifulnefs  towards  your  Majefty,  and  in  Purjii- 

*  ance  of  the  Agreement  and  Confederacy  afoidiud, 
'  openly  moved,  and  with  much  Earneftncfsurgild, 

*  T!iat  the  faid  Paper  or  Declaration  might  be  fifft 
<  read,  To  tht  End,  that  (as  he  then,  in  gffat 
'  Contempt   of  your  Royal  Majefty,   faid).'.  ?^ 

*  (meaning  the  Members  of  the  Houfe)  may  aotbt 

*  turned  off Jike  featured  Sheep,  and fent  horm  oi  vit 
'  -were  lajt  SeJJiam,  with  a  Seam  pui  uptn  uS:  [in 
'  Priitl ;  meaning  thereby  ihe  Words  which  your 
'  Majdly,  in  your  own  Pcrfon,  fpake  at  the  cad- 
'  ing  of  the  laft  Seflion,  and  caufed  the  fame  tat,be 
'  printed  ;  And  the  faid  Stroud,  in  a  very  dtforderly 

*  Manner;  further  moved.  That  all  thole  who  woa\i 

*  have  the  f^id  Paper  read,  fliould  fland  up  ;  which 
'  tjivcrs of  theni  thereupon  didatcoidingly^^dijei 
•.,1  vKc,  ,■■  fi-a  ■'  -I   ■  ■•  ■    '  ij.'\    •■■1 

.V  ■  ■ 


Of  E  N  G  L  A  N  p.      365^ 

the  {^XAStroudy  amongd  others  did  ftand  up;  andAn.4.^Ch|r^«l. 
in  this  Heat  of  Gontention, ,  and  Height  of  Difo- 
bedience,  by  the  Confederacy  aforefaid,  to  have 
the  faid  Paper  read ;  the  faid  Sir  Peter  Haymariy 
'with  rough  and  reproachful  Words,  reproved  the 
faid  Speaker,  for  bfing  conftant  and  refolute  in 
his  Obedience  to  your  Majefty,  in  not  putting  the 
Reading  of  the  faid  Paper  to  the  Queftion ;  as  by 
all  the  faid  Confederates,  \ytth  many  Reafons  and 
Arguments  he  was  urged  to  do :  And  the  faid  Sir 
Peter  Hayman  then  further  faid,  7he  faid  Speaker 
was  made  an  Injirument  to  cut  up  the  Liberty  of  the 
SuhjeSfs  by  the  Roots.  But  when,  by  no  m^ans, 
the  faid  Speaker  would  be  drawn  to  tranfgrefs  your 
Majefty's  Royal  Command  aforefaid ;  then,  left 
the  faid  Paper  fhbuld  not  be  read,  the  faid  John 
Selden  moved,  Tliat  the  Clerk  of  the  faid  Houfe 
might  read  the  fame:  And  when  the  faid  Sir 
yohn  Elliot  found,  that  he  and  his  Confederates 
aforefaid,  could  not  procure  the  faid  Paper  tch  be 
read  ^  he,  the  faid  Sir  John  Elliot^  to  the  End  he 
might  not  lofe  that  Opportunity,  to  vent  and  pub- 
lifh  thofe  malicious  and  feditious  Refolutions, 
which  he  and  his  Confederates  had  collefted,  and 
prepared  as  aforefaid,  took  back  the  faid  Paper 
again ;  and  then  immediately,  in  the  faid  Houfe, 
faid,  I  Jhall  now  exprefs  that  by  Tongue ^  which 
this  Paper  Jhould  have  done  ;'  and  then  fpake  thefe 
Words  :  The  miferahle  Condition  we  arein^  both  in 
Matters  of  Religion  and  Policy^  makes  me  look  with 
a  tender  Eye  both  to  the  P  erf  on  of  the  Kingy  and  to 
the  SubjeSfs.  And  then  fpeaking  of  them  whom* 
he  intended  to  be  ill  Inftruments  in  this  State,  at 
whom  he  principally  aimed,  he  faid,  There  are  a^ 
tnongjlthemjome  Prelates  of  the  Churchy  the  great- 
Bijhop  of  Winchefter,  and  his  Fellows  5  //  is  ap-- 
parent  what  they  have  done^  to  eajl  an  Afperfim  up- 
onthe  Honour y  and  Piety ^  and  Goodmfs  of  the  King  :■ 
Thefe  are  not  all -^  but  it  is  extended  to  fome  other i^  • 
wboy  I  fear  y  in  guilt  of  Confcience  of  their  own  De*  • 
fert^  do  join  their  Power  with  that  Bifbcp  and  the 

'rejl. 


366    The  Parliamentary  History 

lUu^Qivieft.  '  rejl.  Id  draw  hit  MajiJIy  hitc  a'JeaUufyif  tbi  Phr- 
'**'•         *^lianunt;  eimngji  lubom^  IJhail  mt  fear  Ib  Hrnne 

*  thi  great  Lard  Trtajurery  in  whtft  PtTJon^  JJttf'i 

*  is  cmlrafltd  all  that  which  we  filler.  If  We  hit 
'  inta  Religion  *r  Policy,  I  find  him  building  upon  the 

*  Greundlmd  hy  the  Duh  (/"Buckinghim,  bis  great 
^  Mafieriframhim^  I  fenr,  c&me  theft  ill  Cou»Jeh\ 

*  which  csntraSied  the  mihuppy  Cmclujian  of  the  lujl 

*  Stffisn  tf  Parliament.      I  find,  that  nal  only  in  the 

*  AfftSiiam  af  his  Heart.,  but  alfa  [by  his  whole  Biha- 

*  view,  he  is  the  Head  of  the  Pepijis,']  end  1  doubt  mt 
'  tajix  it  indubitably  upert  him ;  and  fa  from  the  Power 

*  and  Greatiiefi  ofhimcames  the  Danger  of  our  Reli- 

*  gian.  Far  Palicy,  in  that  great  ^le/iian  af  Tunnti£ 
^andPamdage,  the  Inter tfl,  which  is  pretended  trm 
'  the  King's,  is  but  the  Inter efl  ef  that  ant  PerfmiA 

*  undermine  the  Policy  of  this  Govern/nent,  and  therm 

*  teweaien  the  Kingdemi  while  he  invites  StrtrngeriM 

*  come  into  drive  away  aur  Trade,  or  at  leafl  tier  JA»3 
'  chants  te  trade  in  Strangers  Battorm,  which  is  ai  dani^^ 

*  girous.  Therefare  it  is  fit  to  be  declared  by  us,  that  bU 

*  that  we  fuffer,  is  the  EffeU  afnew  Cuunfels,  U  Be 

*  Ritin  af  the  Government  of  the  Stale;  and  ta  mail  a 

*  Pratejlation  agahifl  all  thofe  Men,  whether  gredter 

*  ar  fubiirdinate,lhat  they  jhall  all  be  declared  as  capi- 
'  tal  Enemies  to  the  King  end  Kingdom,  that  witlper' 
'  fuade  the  King  ta  take  Tumsnage  and  P Bondage  tvitb- 
'  ant  Grant  of  Parliament  i  and  that  if  any  Merchants 
^  jhall  willingly  pay  thafe  Duties,  without  Cenfent  of 
'  Parliament,  they  jhall  he  declared  as  Acceffaries  to  the 
'■Rejl.  Which  Words  of  ihefaid  Sir^sis  £//«,•,  were' 
'  by  him  uttered  as  aforefaid,  falfly,  maliciouily,  and 
'  feditioufly,  out  otttie  Wickcdncfs  of  his  owtiAJftefli- 
*oiiatoward»yourMajefty,an6yourgradousandreIi- 
'gious  Government;  and  (jy  the  Confederacy,  Agrec- 
'  nient,  and  Privity  of  the  faid  oiher  Confederates, 
'  and  to  lay  a  Sknder  and  Scandal  thereupon;    and 

*  not  with  a  Purpofe,  or  in  a  Way  to  rectify  any 
'  thing  which  lie  conceived  to  be  amife,  but  to. 
'  traduce  and  blall  thofe  Pcrfons  againft  whom  he 

'had 


I6i8. 


0/    E  N  G  L  A  N  D. 

'  had  conceived  Malice  ;    for  fo  himfelf  the   fame  An.  t-^Cfi.rlrf- 
'  Day  in  that  Houfc  faid,  and  laid  down  as  a  Ground 
'  for  what  he  inlended  to  fay.    That  ne  AUn  u/as 
'  ever  blajled  in  that    Heufi,  bus  a  Curfe  ftll  upon 
'  him. 

'  And  further,  fo  it  is,  may  it  plcafc  your  moft 

*  Excellent  Majefty,   That  when  the  faid  Sir  yohn 

*  ilVA'ar-hadthusvented  that  Malice  and  WicJcednefs 
'  which  lay  in  his  Heart ;  and,  as  appearcth  by  hia 

*  own   Words,  were  exprefled  in  the   Tald  Paper, 

*  which  was  prepared  as  aforefaid ;  the  faid  tValter. 

*  Long,  out  of  his  inveterate  Malice  to  your  M^e-. 
'  fty,  and  to  your  Affairs,  and  by  the  Confederacy, 

*  aforefaid,  then  and  there  faid,  "That  Man  whojhall. 
^giveaway  my  Liberty  and  Inhfritenee  (1  jpcak'af, 
'  the  Merchants)  I  note  them  for  capital  Enemtts, 

*  tB  the  Kingdom.  And  left  the  Hearers  ftiould  (or-  . 
'  get  thefe  wicked  defperate  Pofitions  laid  down  as, 

*  aforefaid,  and  to  the  End  the  fame  might  have  ttjc, 
'  deeper  Impreflion,  and  be  the  more  divulged, 
'  Abroad    to    the    Prejudice   of    your    Majefly,, 

*  and    of  your  great  Affairs,    and  to  the  Scan-, 

*  dal  of  your  Government;  the  faid  Denzil. 
'  HalUs  collefted,  into  fevetal  Heads,  what  the, 
'  faid  Sir  7#*«  £/liet  had  before  delivered  .>ut  of 
'  that  Paper,  and  then  faid,  fpliafotver  Jhall  emttfeL 
'  tht  taking  up  ofTunnage  end  Pi,undagc.,  without  an 
'  Aa  of  Parliammit  let  him  be  accomteda  capital. 
'  Enemy  to  the  King  and  Kingdom.  And  further, 
'  ff^at  Alirchanti  focver  fiiall  pay  Tunnage  and, 
«  Poundage,  without  an  j£I  ef  Parliament^  kt  him  h, 
'  accounted  a  Betrayer  of  the  Liberty  of  the  SubjeSy, 

*  anda  capital  Enemy  to  the  King  and  Kingdom.       j 

'  Which  Pofitions  thus  laid,  the  faid  Denzil/ 
»  Holies,  neither  being  SpL'aker,  nor  fitting  in  ihei' 
'  Cliair  as  in  a  Committee  by  Direction  of  the  ' 
'  Houfe  i  but  in  an  irregular  Way,  and  contrary 
'  to  all  Courfe  of  orderly  Proceedings  in  i'arliament,. 
'  offered  to  put  thefe  Things  fo  delivered  by  him  as 
'  ^for^faiJ,  to  th^Qyefliofli  and  drew  from  hia 
^^^-^^ '■ *  Con- 


368  Tbe  PfriiameniaryHi&roRY 

,A.Ch»l«l'*  Confederales  aforefaid   an  Applaufc  and  Aflentjl 
'*''■,  ■       *  as  if"  liiefe  Things  had  been  voted  by  the  HouCc.^M 

*  And  further,  fo  it  i?,  may  it  pleafe  yofir  im 

*  Excellent  Majefly,  That  the  Difobediencc  of  J 

*  faid  Cnnfrdcrates  was  then  grown  to  that  Hei^ 

*  that  when  Edward  Gn'tn//on,  the  Serjeant  '3m 
•.Arms  then  attending  the  Speaker  of  that  Ho)i 

aV..  '  wasfentforby  yourMajcfty,  pcrfonally  to  atte 

t"  '  your  Highnefs ;  and  the  fame  was  made  kno]^ 

IJ^  _,.       *  in  the  fiid  Houfe ;  the  faid  ConfeJerates  notw)^ 

rt«^»r-i -.p  ftftading,  at  that  Time,   fotdbly  and  unlawfu 

P*.*j't.     <  keptthefaid£oW(jr£/<?r/OT/?onlockcdupinthefaH 

'.Houfe,  and  would  not  fufFer  him  to  go  out  of  of 

f  Houfc  to  attend  your  Majeily  :  And  when  alfa^ 

'  the  fame  Day,  Janus  Alux^vcliy  Efq;  the  Gentle-^ 

*  man-Uiberofthe  Black-Rod,  was  fent  from  your 
■  Majefly  to  the  laid  Commons  Houfe,  with  a 
'  Meflage  immediately  from  your  Majefty's  own 

*  Fctfon,  they  the  faid  Confederates  utterly  refufed 

*  to  open  the  Door  of  the  Houfe,  and  to  admit  the 
'  faid  Ja/nts  Maxwell  10  go  to  deiiver  his  Meflage. 
'  After  all  which,  the  faid  Houfe  was  then  adjoum- 
'  ed  until  the  faid  i  oih  Day  oT March  then  follow- 

*  ing ;  and  on  the  faid  1  oth  Day  of  March  the  faji 

*  Parliament  was  diflblved  and  ended. 

*  In  Confideration    of  all  which  Premifes,  and 

*  forafmuch  as  the  Contempt  aud  Difobcdienccvrf 
'  thefaidSiryoAnZ/ZiV,  and  other  the  Confeder^» 
'  aforefaidjWcrefo  great,  and  fo  many,  and  unwar- 

^  *  ranted  hy  ihei'rivilegeandiJueProceedingsofParlia- 

'  ment;  werealfo  committed  withfo  hi^  a  Hand, 

*  and  are  of  fo  ill  Example,  and  fo  dangerous  Confc" 

*  quence,  and  remain  all  unpardoned :  Therefore- 
'  he  the  faid  Attorney  General,  prayed  a  Procefs  a- 
'  gainft  them,  to  anfwer  their  Contempts  in  the 
'  m^hQQ\iXH,i  Star- Chamber. • 

The  reft  of  the  judicial  Proceedings  againfl  thcfe 
GentlemeHj  are  divided  in  Rtipiv:srtby  but  we  JhaU 
connefl  them  together  in  this  Man 


1 


I 


"        0/   E  N  G  L  A  N  D.    369 

■A 

Pafiit,    5.  C  A  R  O  H,  Banco  R*gir. 

UPO  N  a  Haiiees  Cerpui  of  ttiis  Court  to  bring 
the  Body  of  Ifilliam  Straud,  £lq;  with  the 
Caufc  of  his  Imprifonment,  to  the  MarOial  of  the 
Xins't  Btnch;  it  was  returned  in  this  Manner,  'That 

*  Mr.  tf^tlliam  Stroud  was  committed    into  myMr.  Smuiuit 

*  Cuftody,  by  Virtue  of  a  certain  Warrant  "'"'er"^;^','* 

*  the  Hands  of  twelve  of  the  Lords  of  the  Privy-  a  Httiv  Cirf<t, 

*  Council  of  the  King,'     The  Tenor   of  which '«'<'"'>"'^""'* 
Warrant  followeth  in  thefe  Words :  ^^  ""*"'  *"*' 

YO  U  are  to    take   Kn^vledgey    That  if  is  bh 
Majejly's  Pleafure  and  CamTnayidment^    that  „ 

ytutake into yimr Cttjiady  the  Body  */"WiHiani  Stroud, 
Efq;  and  keep  him  ehfe  Pr'ifmrr  itllyaujhall  rective 
Hher  Order,  either  fram  his  Majt/iy,  or  this  Baardi 
ferf^  deing,  this  fiiall  be  yeur  fP'arrant, 
Dated  the  2d  of  April,  1629. 
And  the  Direflion  of  the  Warrant  was,  7*  ihi 
Marjhal  of  the  King's  Bench,  or  his  Deputy. 

He  is  alfo  detained  in  Prifon,  by  Virtue  of  a 
Warrant  under  his  Majefty's  Hand  ;  the  Tenor  of 
which  Warrant  foUowcth  in  thefe  Words. 

C.R. 

WHEREAS  yck  have  inystir  Cujlody^  the  Body 
ef\m\^sa?ATa».A,EfqibylfarrantiifQurUrds 
ofout'FTivy-CsMncily  bj  our  Jpecial  Command., you  are 
to  take  Noticey  that  this  Cimmilment  was  ^er  notable 
Contempts,  by  him  cammittedy  agalnflour  Self- ant  our 
Government,  and  for  fiirring  up  Sedition  againjl  tts  j 
ftr  tuhich you  areto  detain  him  In  your  CuJlody,.avd 
to  kttp  him  ehfe  Prifaiitr,  until  our  Pleafure  be  fur - 
$her  htown  concerning  his  Deliverance, 

Given  at  Greenwieh  the  yth  oi  May,  1629.  in 

the  5th  Year  of  our  Reigit. 

"  The  Dircflion  being,  To  the  Mirjhal  of  our  Bmh 

for  the  Time  being.    Et  ha  funt  Caufes  Caplionff  &f 

fitteniionis  pradi^t  Gulielmi  Stroud. 

'  VoL.Vm.  A  a  And 


I- 


'*•*•  And  upon  another  Haktat  Corpus  to  the  Midhal 

of  the  Houfhold,  to  have  the  Body  of  frailer  Xnw', 
£%  in  Court,  it  yns  relumed  according  as  tiie.S4- 
turn  of  Mr.  Straud.  i"    nod 

-  „-..5in 

Trimly,   ^Cakoli,  Ban(»  Reg^s.      [.nA. 

TH  E  firft  Day  of  this  Term,  upon  a  Ha6lii 
Cerpus  ID  Sir  AUm  Apfley^  the  Lieutenant  of 
the  feivtr,  lo  bring  here  the  Body  of  yoAn  Sdlden, 
EH[j  with  thcCaufc  of  Detainer;  he  retumtd' the 
fame  Caufe  as  in  Mr.  Slratid's  Cafe.  And  Mr. 
Littltton  of  the  Imev-timple,  of  Counfcl  with  Mr. 
SeUltn,  moved,  '  That  the  Return  was  infufEcicnt 
in  Subftance ;  therefore  prayed.  That  he  might  be 
bailed  ;  And  (aid,  That  it  was  a  Matter  of  great 
Confequence,  both  to  the  Prerogative  of  the  King, 
j^,,  and  to  the  Liberty  of  the  Subjefl:  But  as  for  the 

^;,.  Difficulty  of  Law  contained  in  it,  he  faid  (under 

Favour)  the  Cafe  cannot  be  faid  to  be  Gfanrf.  And 
fo  proceeded  to  his  Argument,  and  concluded,  Tl£t 
the  Prifoner  ought  to  be  bailed.'  ■-■•'(:■.■ 

liJcnrifeSir  The  fame  Day  SWMile!  Hahart,  Btnjamm  Vit- 

Ut^yJ^^tL  ^""''"''  ""''  DmxUHolU!,  Efq;  appeared  at  the  Bar, 
■n/Mr,  Uilln.  upon  the  Hubta!  Corpus  direiSed  to  fevCral  Prirohe< 
And  their  Counfel  were  ready  to  have  argued  (Be 
Cafe  for  them  alfo ;  But,  becaufe  the  fame  Return 
was  made  for  them  as  for  Mr.  Seldm,  thej"  all 'de- 
clared, They  would  rely  on  this  Argument  naadt 
by  Mr.  LittUun. 

Some  few  Days  after.  Sir  Rcbevl  Htatb,  "the 
King's  Attorney -General,  argued,  *  That  this  Re- 
turn was  good }  and  that  Mr.  Se/Jen  and  the  zen 
.  of  the  Parties  ought  not  to  be  bailed ;  and  that, 
within  the  Return,  there  appears  good  Caufe  of 
their  Commitment,  and  of  their  Detainer  alfo. 
He  faid,  TTic  Cafe  is  great  in  Expedlaiion  and 
Coiifequencc,    and  concerns  the  Liberty  of  tbt 


-.'«/-- Ef'N'GL  A  N  D.       371  ^ 

Subjefl  on  one  Part,  whereof  the  Argument  igAn.j.OhRtMTt 
piaufiblei  and  on  the  other  Part  it  concerns  the  '"'*5- 
Safety  andSovercignty.of  thcKing,  which  (hc'fdid) 
is  a  Thing  of  great  Weight  j  and  that  the  Conridera- 
tion  of  both  [lertaincd  to  the  Judges,  Without 
flighting  the  one,  or  too  much  elevating  the  other: 
And  fo  proceeded  to  his  Argument,  and  conclud- 
ed, That  the  Prifoners  ought  to  he  remanded.' 

When  the  Court  was  ready  to   have  delivered 
their  Opinions  in  this  great  Bufuids,  the  PrilbnctS 
were  not  brought  to  the  Bar,  according  to  the  Rule 
of  the  Court :  Therefore  Proclamation  was  made, 
for  the  Keepers  of  the  fevcral  Prifons  to  bring  in 
their  Prifoners;  but  none    of  them  appeared,  ex- 
cept the  Marflial  of  the  King's  Bench,  who  inform- 
ed the  Court,  '  That  Mr,  Stroud,  who  was  in  his 
Cullody,  was  removed  Yefterday,  and  put  in  the 
Imrnr  of  London  by  the  King's  own  Warrant ;  and  (o^othcr'tVifoai 
fo  it  was  done  with  the  other  Prifoners,  for  each  ofbrtheKing'i 
them  was  removed  out  of  his  Prifon  in  which  he^'^"'' 
was  before :'  But  not withftan ding  it  was  prayed  by 
the  Counfe!  for  the  Prifoners,  that  the  Court  would 
deliver  their  Opinion  as  to  the  Matter  in  Law  j  yet  1 

they  refufed  to  do  fo,  bccaufe  it  was  to  no  Pur-  '_ 

pofej  for  tlie  Prifoners  being  abfent,  they  could  ,,' 

not  be  bailed,  delivered,  or  remanded. 

■-^Thc  Evening  before,  there  came  aLetter  Ktths.' 
Jtujg^  of  this  Court  from  the  King  himfelf,  inform- 
ing the  Court  with  the  Reafons,  wherefore  the  Pri- 
foners were  not  fuffered  to  come  at  the  Day  appoint- 
ed for  the  Refolutioii  of  the  Judges.  Thefe  were  the 
■\Vffii5  of  the  Letter, 
foi  ■■■ 

\a  jl...  - 
.oik 

'iib  ■•  Aa  z  T« 

■36^ 


,<..s:ouci»i.  *"■ 

""•       To  Our  Tnilly  and  Well-beloved,  PurOl¥ 
Jaftico»  and  the  reft  of  Our  Jufticcs  of  ~ 


■fj.  |j(,Ijij3-,II, 


1 


RUMijtAr'i     ITT  W£  ^  E  AS,  by  our  fptclal  Comrnaneirnetit,  Wi 

iSit"«'a,.t  I  "    AfiW  i^fely  rtm^a  Sir  Miles  Hobart,    Wal- 

0(u£ai.  te.t  L<»ng»  a»!?  William  Slroud  fram  tht /evgrgt  Pri- 

fans  uheri    tbuy  ■Uitrtfarinerly  eammittid,  and  hav' 

HOW  fir\t  them  te  eur  Tower  »f  London  i  wndtr^ni- 

Ug  there  are  varicm  Con/lruilio'is  taadi  lkere»f,  at- 

iMwJ MrfiMtA     «"^'"'i  '"  '^^  ffveral  Apprthafaau  of  thtft  *uh9  dij- 

.jdU  ill  AR)     t^ft  ef  itt  at  if  we  h^d  dotf  "  ta  dteiine  tbt  Cmr/i 

^' ifjH/^'-"  •'  *^'  ^^'"'  thmfor^  ibougk  _fit  lo,l^  jau 

,-.Uww  *he  Int  Rea/oa  (^nd  Oaajim  thtritfi  ^Mi, 

*  -VH^y  wt  commondid  ihofe  and  (hi  ether  Pn/emrfJS^ 

"  ".  ,hlJW  '!"»*  bi/oie  ym  the  hfl  -Dfljf  i  H't  (having  ^fgrd 

.  •  ^..^bpiv  aaji  of  thiTBt  a  whii /met,  did  curry  t^n^ffyei 

i'.^oUnliy  and  untnamurlj  heth  tixvards  us  dnaypur 

.-..Xaf^Jhifi)  •iiitre  end  art    vtry  finjibU  tbtri^f^  aad 

,    tbnugh  we  het^r  ytvrftlves  gave  ibezn  famt  ^di^tiutiw 

-.for  thai  Mifiarriege,  y*l  we  cm  Id  nal  iutrefintwr 

n .  Hitwur,  and  the  Haaeur  pffa  gre^t  a  Cturt  if  jfj^ 

•iiit  fo  far.,  fli  te  let  the  IVarld  iacw  hew  mtfchvt* 

diflikt  the  fame  :  And,   having  underfioody  that  yeur 

.  r  X^dfiupSy  and  the   rtfi  ef  eur  Judges  and  Banns 

u  ^  pjtr  Court  ef  Comipan  Picas  and  Eych^ufr 

(whafe  Advices  and  Judgmttits  wt  have  defired  is 

this  great  Bufmtfs,  fa  muih  ceneerning  eur  Gevtri*- 

t  [iWVJ  pave  net  ytt  refalvid  the  mutn  ^eSim,  wt 

..Jjdid  nti  think  the  Prefence  of  ^hoje  prijamr^n^ef- 

fary  ;  and  until  we  fltould find  their  Tempo- and  Pif- 

^,{-eretions  te    ii  fuib  as  may  deferve  it^  we  iuifrt  nat 

.,-x,ptilling  te  afferd  thim  Tfjuut.     Nevtrthittji, ,  the 

ji,  ,Refpeitwe   bear  to  the   Proceeding!  of  that  Court, 

^^i.haih  eaufed  ui  lo  give  uay,  that  Seldeii  andVi- 

^tn^fnurie  Jieu/d  attend  yei^  Tg-merreiu ;    thy  iting 

-cJ^^/'tfU^  «  ^PtiOrb^^*r's^yothJ'K<(J9*\fdiimi)i  ai 

i.:v,_  _\       ''"'■■"     ■'■■"'    '"^ fa 


.^l^.tiVOtA^p,    373 


i 


SutJiiliH-. 

Given  uaitt  oiir  Sgnet  ac  our  Manor  at  Gfifh- 
tvbh,  this  24th  of  >«,  ih  the  fifth  Year  <)f 
Our  Reign.  ,    t, 

Within  three  Hours  after  the  Receipt  of  ihofc 
Letters,  other  Letters  were  brought  unto  tHe  faid 
Judgesj  as  follflwech. 

■fo  -Our  Trully  and   Well-beloved,   Our 
Chief  Jufliice,  and  tlie  reft  of  Our  Jufti- 
,  cesof  our  Bench. . 

,""  „        Anothn  Letter 

•'**T>nfffr'an*  W^-befeved,  We  greet  you  well,     from  tht  Kioe. 

WitERtAS,  hy   eur   Leturs  of  ihh  Day'i  j| 

Dati,  we  love  you  io  underjlani  our  PUafuriy  ^M 

77'tf(    of  thafi  Prifoners,  vjhich,  by  BUr  Commend-  ^M 

rtimt,  are  kept   in  our  Tower  of  London,   Selden,  H 

and  Valentine,  JhsuU  be  btcught  lo-marroui  before  ■ 

ytU  i  wfliu,  upan  more  mature  Deltberat'oriy  we  have  H 

tifoHied^  That  all  ef  them  Jhall  receive  the  fame  Treat-  H 

'/'heat,  and  that  none  palt  comt  before  yau^  until  lue  «■ 

,'  JfiWl^  taufe  given  us  to  heReve  they  will  vtake  a  bet-  ^1 

^"W  Demanftration  of  their  Modcjiy  and  CiviHty,  both  ■ 

^''^'i^lardi  Us  end  your  ^Lofdjhips ,  than  at  their  lafl  Ap-  ■ 

PCffTahce  they  did.  ^| 

■"Given  under  Our  Signet  at  Our  Manor  at  Green-  ^ 

"f ;    \vich,  this  24th  Diyo^  June,  in  the  sthYeat  ^ 

*'  "^       of  Our  Reign.  H 

^  '"5o  the  Court  delivered  no  Opinion  this  Term  ;  ^H 

'■y^M,  fhe.imprironed  Gentkmcn  continued  in  Re-  ^M 

^' HraVn'c  all  the  long  Vacation.  ^M 

■     '^oWaidS  the  latter  End  of  this  Vacation,  al!  the  ■ 

'''^'^mt'icci  of  the  Kind's  Bench,  being  then  in  the  Coun-  ■ 

'  ^  wyi  received  a  Letter  to  be  at  Serjeant's- Int  upon  ^1 

''  'Michaelmas-Day.     Thefe  Letters  v.-cre  from    the  ■ 

*"'CoWiI-Tablei  and  the  Caufc  exprefTcd  in  them,  V 

'■■'  mtithhil'Aiamht^pr-efi^an^ur^ertrCkca-  '     ■ 

^^                                       Aa  3                      pn  H 


374  ^*'  ParUamen&ery  Hisroav 

tiftyX^MMtfim  to  uft  thiir  Strviix.-    Tfc^e  Judges  came  up'fto> 

'V*         cordin^y  onTuefilay,  bc\ag  AiicBal/mtts-day.     The 

jlcxc  Morning  about  four  o'Clocle,  Letters  were 

Iirou^t.  10  the  Chlc^Juftice  from  Mr.   Trumbal, 

•  Cleric  of  the  Council  ihe«  attending,  that  he  and 

Judge  ffhitkii,  one  of  the  Judges  of  that  Couft, 
Ibould  attend  the  King  that  Morning,  to  ibon  u 
conveniently  they  couli! ;  which  the  Chief  JuftiG* 
and  that Judgedid  atWamp/aalbatMormiig.  Herej 
fii^i  ftirtit      the  King,  taking  them  apart  from  the  CounciU  Wl 
]aii(u,  uid  cco'  upon  the  fiulinds  of  the  Gendemen  in  the  ?Miur  t 
fcnwiih  fonwofaoti  was  contented  they  (hould  be  bailed,  notiritfe 
"'  ftanding  their  Obftinaey,  in  that  they  wbuld-sdC 

give  the  King  a  Petition,  cxpreffing,  Thtt  ti^ 
wire  firry  hiv/m  effinded  with  tbtm.  Hcfliewed'iia 
Purpofc  to  proceed  againll  them  by  the  'ComniDn^ 
I^w  in  the  King's  Bench,  and  to  leave  his  Proceed^ 
ing  in  the  Star-chamber.  Divers  other  Mattera  he 
propofed  to  tile  faid  Judges  hy  Way  of  AdvJce,  and 
feemed  well  conienteU  with  what  they  anfwered, 
though  it  was  not  to  his  Mind ;  which  was.  That 
the  Offmcis  were  not  capital-,  and  that,  by  Law,  tht 
Prifoners  ought  to  bi  bailed,  giving  Security  far  their 
good  Behaviour.  Whereupon  the  King  told  tb^m^ 
That  he  would  never  be  nffended  with  his  Judgtt,  fa 
they  dealt  plainly  luith  hirn-,  and  did  not  anfvjtf  him 
by  Oracles  and  Riddles.  Both  thefe  Judges  did,  at 
that  Time,  what  good  Offices  thiy  could  to  bring 
on  the  King  to  heal  this  Breach.  ^  i ;  .M, 

AMoiionio  ThefirftDay  of  AJUhaelmas  Term,  itwasttiov* 

b^thrfrismtii.  g,]^  by  Ur.MafiK,  to  have  the  Refolutlon  offij* 
Judges ;  and  the  Court  with  one  Voice  faid,  That 
,  ,^;,,-i  .,  -;  they  are  now  eentcnt,  that  ihiy  Jhauld  be  bailed,  hut 
-  -  that  they  imght  to  find  Sureties  alfo  for  tlnir  gmd  Btr 
haviour.  .  And  Juftice  yones  faid,  That  ft  it  viai 
dotte  in  thi  Caje  vjbich  had  been  often  remembered  ta 
amthtr  Pserpofe,  to  ait,  Ruffd's  Ca/e  in  gE.Ui 
To  which  Mf,  Selden  anfwcred  (with  whom  all  ttw 
other  Prifoners  agreed  in  opinion)  '  That  they  have 
their  Sureties  ready  for  the  Bail,  bui  not  ifov  die  good 
behaviour;  and  defitc,  that  the  Bail  itoi^tifiritt-.-b^ 
V  .  accep(- 


I 


Of.    ENGLAND.     375 

tK:ceptcd,  and  that  they  "be  not  urged  to  tl^  other ;  An. ;.  Charii, 
and  that  for  thde  Reafons :  '6*9^*^ 

L  <  The  Cafe  here  hath  long  depended  in  Court, 
tliey  have  been  intprifoned  for  thcfe  thirty  Weeks» 
and  it  had  been  oftentimes  argued  on  the  one  Side 
and  the  others  and  chofe  that  argued  for  the  King, 
^Iwiys  demanded  that  we  ihould  he  remanded  ;  and 
thole,  which  argued  on  our  Side,  defired  that  wb      ^wiM  im 
iti^ht  be  bailed  or  difcharged ;  but  it  was  never  the      ,rij  yn  ^J^ 
J3cfire  of  the  one  Side  or  the  other,  that  -ffz  ihoultl  a'"  i«*  .'>»i»*l- 
he  bound  to  the  good  Behaviour.     And,  in  the  hft  '  ""'*  '"'^^ 
Terin,fi3ur  fei-eral  Days  were  appointed  for  the Rtf* 
ftrfution  ol'  the  Court,  and  thelble  Point  in  Qocflion 
was,  If  hailabie  at  net.    Therefore  they  now  defirc, 
that  the  Matter  of  Bail  and  o!  gooo  Behaviour  may 
bcfevered,  and  not  confoundej. 
' :.   II.  '  Becaufe  the  findhig  of  Sureties  of  good  Ba- 
^jiaviour  is  feldom  urged  upon  Returns  of  Felonies  or 
-XieaCons.     And  it  is  but  an  Implication,  upon  the 
.Kcfurn,  that  We  are  culpable  of  thofc  Matcets 
which  are  objed^d. 

■ .  ill.  '  We  demand  to  he  bailed,  in  point  of 
Kighti  and  if  it  be  nut  grantable  of  Right,,  we 
do  not  demand  it;  but  ihe  finding  of  Sureties 
.  for  the  good  Behaviour,  is  a  point  of  Dii"- 
ctetion  meerly  ;  and  we  cannot  aflent  to  it,  with- 
out great  OfFcnce  to  the  Parliament,  where  thcfe 
Matters,  which,  as  furmifed  by  tiie  Return,  were  a£t- 
ed  ;  And,  hy  the  Statute  of  4  Hen.  VIII.  all  Punifli- 
ments  of  fuch  Nature  are  made  void  and  of  none 
Effeft,  Therefore,  £?<:. 

Curia,  TheRetumdoth  not  make  mention  of  •j-j.eQjgj^  of 
any  thing  done  in  Parliament ;  and  we  cannot,  in  a  the  Couii 
judicial  way,  take  Notice  that  thefe  Things  were  done 
in  Parliament Wbithch,'-  The  Surety  of  good  Be- 
haviour is  as  a  preventing  Medicine  of  the  Damage, 
that  may  fall  out  to  the  Commonwealth;  andit  is  an 
A'3ofGovErnmentandJunfdi£tion,andnotofLa*,' 
^ir-Creah, '  It  is  no  Inconvenience  tothePrifonersj  fiw 
tjieJame  Bail  (u&eth,  and  all.lhall  be  written  upon 
-;•-:■  A »  +  0J19 


\ 


^^a^^M 


I 


376  'the  Parhamettfary  Histflkiv 

•.i.CbirlMli one. Piece  of  Ftttchmcnt.' — Hereupoa  Sit'RiUi  ' 
^<V  }Iealh,  Attorney- General  &id,  '  That  by  tbeCMi. 
mand  of  the  Kiiig,  he  had  an  InformatioD  nadf  H 
hisHoml  to  deliver  in  iheCourt  againll  thcm< — hS^t 
Chicf-Juftice,  *  If  now  yon  refufc  to  find  Suretiil 
for  the  good  B>.luviour,  and  be  Tot  thatCbufeMi 
niandcd  ;  perhaps  we,  afterwards,  will  not  grantti^ 
ites  Cerpttsityi  you*  iiufmueh  as  wc  arc  made  sfi> 
quainted  with  the  CauTc  of  your  Imprifonment.'  ij. 
Hereupon  /fP'lty,  the  King's  Sergeant,  ofTeied 
his  own  Bail  for  Mr.  HelUi,  one  of  the  Prifonori, 
(who  had  nurried  his  Daughter  and  Heireis)  buf^ 
Court  refufcd  it  1  *  For  it  13  contrary  to  the  CoufTc 
of  the  Court  tinkls  tlic  Prifoner  himfelF  will  becone 
bound  alfo.'  And  this  Mr.  HoUti  hid  denied  to  do. 
Mr.  Ling,  tho'  he  had  found  Sureties  in  the  Qiief 
Juflice's  Chamber,  for  the  good  Behaviour,  tdaitA 
to  continue  his  Sureties  any  longer  i  inafmuchu 
they  were  bound  in  a  great  Sum  of  2000  /•  Mid  ^ 
good  Beiiav lour  wasatickiilh  Point.  Tb»refof^ 
he  was  committed  to  the  Cuftody  of  the  Mar&als 
and  all  the  otiier  Prifoncrs  were  remanded  lu  tlx 
fovWf  becaufe  they  would  not  find  Sureties  ibi  iIk 
good  Behaviour. 

An  inrarmation      The  fame  Term,  an  Information  was  exhibited* 

rrtibiid  in  the  by  the  Attorney -General,  zg&m^  ^it  Jabn  Riiistt 

^S'i"yllX  ^'"^'^  ^'^^''    ^n"*   Benjarmn  FaUnrnt,    reciting, 

Mllici,  itu         '  That  a  Parliament  was  fummoned  to  be  held  46 

WtfiminJtcT^    1 7  Marlii,  lerlh  Cacoh    Jir^w,  ittdi 

inchoat,   and  that  Sir  Jthn  Elliot  was  duly  eb^d^ 

and   returned  Knight  for  the  County  of  Cermaaiy 

and  tlie  other  two  Burgeffes  of  Parliament  for  Otbei 

Places:  And  ^'njeljn  finch choka  Speaker.  ._■.:! 

,  '  That  Sir  'Ju/jn  Eliiet,  mschiaaas    fcj"  intmdm^ 

t-mnibus  I'iis  Etf  Mcdis,  fim'mare  ta'  ixtilare  DiibDrdi. 

Eyil-ivill,  Murmurings  and  Seditions;  as;wcll>v(?;- 

fiis  HfStin,  /.-k^^iiaUs,  Pralates,  Procera,  itf  JiiSfr 

claries  fuss,    qH.im    into"  JUagnatei,    Procerti^  Hf, 

'Jii/!icia:m,  Oi  reiiquos  SubdilQi  Rigk,  (S  totaiiur 

d^rlvarc  y    avcrUre   Regimen   .ts"  Guhernatif^fa, 

it_egni,Ap^i^,ftjw;'i  VminaReg/f.-^aiiK»tl(^f^/ir^ 

i'.     ,'',   "  liar  Hi 


HariU  (f~ Mn^fis  JUU  cufiiJhiiijUt  '-g^nerii\  ftf  wi-'Ai!: 
trodHeereTKmultum  ijf  Cs«//^«wm  in  all  States  and 
Parts,  if  ad  inteniienenii  That  all  the  King's  Sub- 
jeils  fbould  withdraw  their  AfFefliors  from  the 
King  J  did  Oil  the  2jd  of  Fthruary  An.  4  Carsl.  in 
the  Parliament,  and  hearing  of  the  Commons, /«//>, 
malitisfe  i^  fedUhfi,  tife  thefe  Words,  The  King's 
Privy-Ctumii,  his  jH/i^a^  and  hit  Caunftl  leaned'^ 
funitcmfpired  ti^elher  it  trampU  under  tht'ir  Feet 
1^  Liher/ier  sf  the  Sabjeifs  ef  this  Rcalm^  and  ihg 
tibiNiesofthhH-'iife.' 

■flAnd  afterwards,  upon  the  2d  of  March,  Anna.  A 
AMaid>  the  King  appointed  the  Parliament  to  b| 
■foamed  »ill  the  loth  of  March  next  following; 
■Ml  fo  ftgnified  his  Pleafure  to  the  Houfc  of  Com; 
mons :  And  that  the  three  Defendants,  the  faid  2d 
Dayof  Afof(-/',4  Car.  malitiofe,  agreed,  and  among^ 
themfelves  coHipircd  to  difturb  iand  diftrait  the 
Commons,  that  they  fhould  not  adjourn  thcmfelvcj 
according  to  ihc  King's  Pleafure  before  fignified  i 
And  that  the  faid  Sir  Jabn  Elliot,  according  to  the 
Agreement  and  Confpiracy  aforefaid,  had  maliciouft 
if^inPnpopiim  W  IntmUmmpradiSl.  in  thc'Houfi 
of  Commons  aforefaid,  fpoken  thefe  falfe,  maliciousf 
pernicious,  and  feditiouS  Words  precedent,  &c. 
AtxJ  that  the  faid  Dentil  HnUes,  according  to  the 
Agreement  and  Confpiracy  aforefaid,  between  him 
and  the  other  Defendants,  then  and  Xhert,  falfgy 
maHiisfe,  i^  fedillo/e,  uttered  hac/alfo,  tnaliliofa^ 
^fcandahfa  Ferba  precedentia,  i^c.  Andlhatlha 
feid  Denxil  Hilln.,  and  Benjamin  f^alemne,  fecun- 
diim  Ap-eameritum  W  Cimfpiratimem  pradiil.  i^  aJ 
Jiittntianem  t?  Proptfilum  pradiif.  uttered  the  faldlj 
Words  upon  the  faid  2d  of  March,  after  the  fignify- 
iAgthe  King's  Pleafure  to  adjourn  :  And  the  faid 
Sir  Jahn  /■'uichj  the  Speaker,  endeavouring  to  get, 
outof  the  Chair  according  to  the  King's  Command;' 
They-  yi  ts*  Armls,  Manufirti  &  Ulicilo,  aflkultcd^^^ 
eWl-trcated,  and  forcibly  detained  him  in  theChair'i. 
Atid  afferwards,  h-  being  out  of  the  Chair,  th«jl^'  ! 
»ffa«lted  him  in  the  Houfe,  and  evil-treated  him^' 
(^viffienur,  M.iHuforii  i^  iHicito,  drew  him  to  the  ' 
Chair, 


^ 


$jB    The  EarUaii^enibryHisrdiY 

ih,I.C*»ilnVQair,  and  thruft  him  imoil:  Whereu|Km  time 
****  wwa  great  Tunmlcani Commotion  irt  ihe  Houfe^ 
to  the  great  Terror  of  the  Commons  there  ailein-- 
bl(;d,  agiinlt  their  Allegiance,  i«  maximum  Cen- 
i^mpsuni,  and  to  the  Diiherifon  ofihe  Kingj  his 
Crown  and  jDigpity  { ;  for  which,  &c. 
Their  Pld'  To  this  Intbrmation  the  D&fenduits  put  in  a  Flea 

^H  to  the  Ju[ir<dii£lion  of  the  Court ;  Portifmuch  ai  ihift 

^^k  Offeiicu  art  fiippo/iU  la  bavibttn  ilone  in  Parliaauntf 

^^H  thty  night  rut  ts  bt  punijhed  in  ibis  Court,    or  any- 

^H^  elber  exctpt  in  Parliatiienl.  And  the  Attorney  Gene- 

ral moved  the  Courl  to  over-rule  the  p]ea,  as  to  the 
)urifdi£tion  of  the  Courc^  and  thi^  he  faid,  the  Court 
might  du,  although  he  did  not  demur  upon  the 
plea;  ijut  tlie  Court  would  not  over-rule  the  Plea  } 
but  gave  a  Day  to  join  in  Demurrer  that  Term; 
And  on  the  fidl, ,  Day  of  the  next  Term,  the  Re- 
coid  to  be  read;  and  witliin  a  HHy  after  arguedj 
at.theB<ir.,  .     .  i 

In  Hilary  Tenn  following,  the  Cafe  of  IVeUtr 
Long,  Efquire,  one  of  the  imprifoned  Gentlemen, 
came  to  a  Hearing  in  the  Star-Chamber^  whiciiwas 
a^followeth: 
Mr.  Walur  ^'^  Information  was  exhibited  into  the  ^ia^ 
Lmt'iCihiti'ihiChaml'ir,  by  S'li Rebirl Heath,  Kn^ht,  bisM^j^V^ 
stMi-.Cbami'i.  Attorney  General,  Plaintiff,  againft  the  faii  ^fi^ 
Long  Defendant)  *  I'or  a  great  and  prefurngti^^^  ' 
Contempt  againft  hiii  Majcfiy,  fur  Breach  of' Ll}{.^ 
and  Truit  of  his  Office,  and  for  manifeft  and.  |W^ 
ful  Breach  of  his  Oath  taken  as  High  Sheriff  of  C^ 
County  of  If^ilii,  and  not  refiding  and  dwelling  in 
his  ciwn  J^'etfon  in  thcfaid  County,  according  to<tho 
laid  Oath;  but.beingchofen  one  of  the  Citizens  for 
llie  City  of  Bmii,  in  tlie  County  of  S^tmrfit,  tq^^f^ 
for  tlic  faid  City  in  the  laft  Parliament,  by.pc^^mg 
tliereoflx:  remained  at  tcnrfsw  or  ^f^t/i'iuryier^^tffi^ 
the  Time  of  that  Parliament,  by  the  fpace  of  ^rqa 
Months  and  above ;  in  Negledt  of  his  Diuy,  and  ia 
manifeft..  Contempt  of  ihe  Laws  of  this  Kingdom ; 

...1 ...  .■  .5i    .  ■       ..    ■    .  vv^wte 


...C^,. .Et'N  O: L.  a .N.  D» •    57-9 

Wiieh  Gmfe  was  now,  by  his  Majefty's  faid  At- An,5.<ft«rjail» 

tarnejr  General,  brought  to  a  Hearing  upon  tnc  ^ 

iDefisndants  own  GttireHton. 

.*  That  upon  opening  the  Anrwcr,  and  reading 
the  Examination  of  the  faicf  Defendant,  it  appeared 
to  this  Court, '  That  the'faiJ  Defendant,  Long^v/^s 

•  b?  his  now  Majefty  made  High  Sheriff  of  the 

•  CJbtinty  of  ff^ltSy  in  or  about  November^  in  the 

•  third  Year  of  his  Majefty's  Reign,  received  bis 

•  Patent  of  Sheriffwick  for  the  faid  County  about 

•  fen  Days  after ;  and  that  he  took  an  Oath  before 
•"one  of  the  Maftcrs  of  the"Cha|icerj^i  for  the  du^ 
«*  Excciiffofiof  the  faid  OfEce  of  Sheriff  of  the  faid 
^  County/  In  whicli  .Oatfi,  aa'  appeared  by  th© 
fame  thefe'neadln  Cpurt,  he  did  lweaV,*That  he 
w6uidinhis  ownPerfoii  remain  within  hisBailiffwick 
diiifng  all  the  Time  of  bisSherifiFw.ick,  unlcfi  he  had 
tii&  King's  Licenfe  .to  the  contrary  ;  and  that  at  aa 
Eleftlon  of  Citizens  for  the  faid  City  of  Bathy  the 
faid.D^fendant^21(7>7^,  waschofen  one^oFthe  Citizens 
tb'ferve  for  the  Vaid  City  of  Bath^  in  tte.  Parliament 
then  fummoned,  to  be^  holdi^n  and  commence  upoit 
tlfc  i^th  Day  ofMirch^  in  the  (aid  third  Year  of  his 
Majefty's" Reign ;  and^  being  fo  chofen,  and  return- 
ed ftjr  the  Sheriff  of  tK.  County  of  Somerfet,  notr 
WittiA^ding  His  faid  Oath  taken  to  remain  in  his 
jJWt^r  Perfen,  within  his  Bailiffwick,  unleft  he  were 
}}dehf^  by  his  Majefty;  he  .the  faid  Defendant  did 
ft^ifce  his  pcrfonal  Appearance  in  the  Commons 
rtdufe  of  Parliament,  at  the  City  of  IVeftminJicr^  in 
fhfe  Cbunty  of  Middle/ex ;  and  did,  during  the  moft 
Fart  of  the  fafd  Parliament,  continue  in  and  about 
^ii^City  oi  London  arid  JVeJitmnfler^  and  did  attend 
ih'the  Parliament,  as  a  Citizen  for  the  faid  City  of 
Bdth^  during  all  which  Time  he  likewife  was,  and 
comfnded  High  Sheriff  for  the  faid  County  of  fVilts^ 
and  had  no'  particular  Licenfe  from  his  Majefty  to 
thecontrary.  Upon'Confideration  whereof,  as  alfo 
<X  the  particular  6au(es  and  Reafons  of  the  Defen- 
dant's Demurrer  and  Plea  formerly  exhibited  untq 
tliiefdd  Information;* the  Benefit  whereof  was  by 
Prder  of  the  Court  refcrv^d  unto  the  Defendant  to 

he 


LiJ^o  ^  VatiUoAettaf^  History 
[iti&i  be  debated  and  cohfid^cd  of  at  tfic  hearJQgof^ 
Caiife  s  and  of  diVtrs other  Matters  now  urgMiW 
the  DefemJiuit,  both  toluvC  juflificd  his  thcUJd  Pc- 
ftndaftt**  AireadatKe  in  Parliament,  dod  Ihs  not 
Rcfidtiict  m  Ptitfen  in  the  County  whereof  he  was 
iheii  tSIW;  iff,  'md  among  other  Things,  that  it  pro- 
ptrly  l)cloiiK«i  to  liie  Houreof  Paiiianicntto  judgi: 
oFthc  JuftiTefe  or  Unju&ntfs  of  the  fatd_  He-Siffll^ 
and  upon  grave  and  mature  Con  lade  ration  .thq^^f 
had  and  taken  %  the  Court ;  their  Lordftups  dld.nqt 
■ftnly  conceive  the  did  Demurrer  and  Plea,  and.  otfier 
the  Arguments  and  Reafons  ufed  by  the  Defcjidaot 
and  his  Counfel,  to  be  of  no  Weight  or  Strength, 
but  alfo  ta  be  in  Oppofition  and  Derogation  of  the 
Jurifdiflion  of  the  Court;  the  Reafons  moved  and 
•»^«*sM  "'T'Wged  for  the  Defendant's  Excufc  or  Juftification 
•"■^"'"T*^ "■'' '  hting  clearly  anfwered,  and  the  Chaises  of  the Ib- 
.a*.id'.5t^r  (formarioninade good  by  Mr.  Aitomey  Gtnera/y  and 
,  bthersof  hisMajefty's  Coutifcl  learned. 
■  '  And  thereforethe  whoteCotirt  were  dearofO- 
pinon,  and  did  fo  declare,  Tiat  the  /aid  I>f/e«d)iii, 
•mhoatthal  Twu^  as  High  Shtriff,  hadih»  Cufiai^ 
and  Charge  of  the  County  of  Wilts  coawiilltd  ttgi* 
him  by  hii  Majejiy  j  had  taken  his  Oalh  accarSng  IB 
the  Law  to  abide  in  his  proper  P erf  on  luitbm  his 
Bailiffwick,  duringalhhe  Twie  »f  bis  Sherifficuiivi 
afoTffaid;  and  tvhofe  Ti-ujf  and  Emfkyment  did  re- 
quire his  ftrfonal  Attendance  in  the /aid  Cottrrtyi  tad 
nsf  only  committed  a  great  Offence  in  violatjtig^  jti 
faid  Oath  fo  by  him  lalcen,  but  alfi  a  great  Mifdt* 
-  -mtaiter  tit  Breach  of  the  Trufl  commitud  unia.  hiid  iy 
hii  Miijtjfyi   ^ndin  Csntempt  of  his  Mojejlfs  Jf^. 

'uOfcut  Sealf  •when  he  granted  unio  him  thefoid  Office 

efSberiffnickaforefiiid.  For  which  faidfever^gttat 

;  'Ofiinccs,  in  Breach  of  his  faid  Oatli,  Neglei3  of  the 

. .   Trirft  and  Duty  of  his  Office,  and  the  grcatijatid 

high  Contempt  of  his  Myjeil/,  their  Lonllhipsdid 

hold  the  fame  Defendant  worthy  the  Sentence  of 

tbrCourc ;  the  raiher,  to  the  Dnd  that,  by  this. Ex- 

-■-..-  .- ..,.«:;.  ■-  .  aiuric. 


ri 


ample,  the  Shcrifft  of  all  otb«  Counties  may  be  de-  *"'*;g^^"'^ 
tcrrcd  from  committing  che  lilce  Otteiicas  hereafter  t 
and  may  take  Noticci  that  their  perfonal  Refidence 
and  Attendance  is  required  withii\  their  Bayliil'wkks 
durilig  the  Time  of  tiieir  Shcriffwi;;fc. 

The  Court  therefore  thought  fit,  orderedt  ad- 
jwdgf'it  ^™1  decreed.  That  the  faid  D/fin4«til  JheuU 
^aad  and  ht  committed  u  th*  Prijm  of  tin  Towm» 
there  to  riimin  during  his  M/iji/l/i  Pleafurt^  aiyl 
ttl/f  pay  a  Fiiitofiiva  thoufaad  Merit  to  his  Mor 
jtjlys  Uft ;  and  further,  make  bit  hamhU  SubmiJJkfi 
tmd  Jckwuilidgmimt  of  bis  Ofenu  ioth  in  the  Coutt 
^Star-chamtwr,  andta  his  Majijlyy  hfife  his  Et' 
tirgtment  from  tbaicc. 

In  the  fame  Term,  Mr.  iMi//on  argued,  in  the  The  jujpj  gi« 
King's  Bench,  for  ^\r  John  EUiat,  againft  tbe  In-'hfit-Opini«i.,i« 
(brmation  preferred  againfthim  (amongft  others)  **/ j^^^J;,",,  &c. 
Sir  Rebtri  Heathy  the  King's  Attorney-GcmeraJ! 
tnd  the  fame  Day  the  Attorney-Geiierai  argued  in 
Maintenance  of  the  faid  Infurmatioo  :  The  Judgn 
alfoj  the  fame  Day,  fpake  briefly  Co  the  Cafe,  aai. 
9giecd  with  one  Voice,  That  the  Court,  as  this  Cafa 
is^Jhttll  have  Jurifdiftion,  althmgh  that  theft  Qft*- 
ces  H«r/  committed  in  ParUamenc  \  and  that  th  im- 
friftatd  Mtmbin  ou^hf  to  aafwer. 

.. .    Mr.  Juftice  jMei  began,  and  fdid,  '  That  though  ^^ 

s  '^fi-Qucftion  be  iiow  newly  moved,  yet  it  a  an  an-  *  '^^| 

-t^^  Queftion   with  bim;  for  It  had  been  in  bis  ^H 

v^houghts  thefe  eighteen  years.     Vi-n  tliis  Iiiibrma- 

-itiba  there  are  three  Queftiona  in  it :" 

:'■.;*  I.  Whether  the  Matters  informed  be  true  oe^j^  un[a7ir>ts, 

^•filjle ;  and  this  ought  to  be  dccennined  by  Jury  or 

l^r^piurrer  ? 

ailj  'rt  2.  When   the  Matters  of  the  labroution  arc 

lii^tiind  or    ctuai'ellM  to  be  uuf,  if  ilie  Infujoiatiua 

!>i^Lgaad  inSubltancei 

I'j    -^  3.  Admit  that  the;  Offences  are  truly  cbargai, 

->^tiiik  Court  hath  fuw^er  to  punilh  them?  Andchat 

,'5kidie  fole  Qyeltion  Qi  Uiis  pay. 

And 


E 
I 


their  r 

L.Fo 
uitsbe 
Am 


382  TBe  ParHamenfUr^'iJisrotLy 

*  And  it  ftems  to  irte,-  that  of  riiefc  Offences,  ^^ 
though  ccmmittej  in  Parliament,  this  Court  fliafl 
have  JurifJiftion  to  punilh  tliem.  The  Plea  of  the 
DefiendantSt  here,  to  the  Jurifdii^tion  being  con- 
cluded with  a  Demurrer,  is  not  peremptory  unto 
them,  although  it  be  adjudged  againll  them  ;  but 
if  the  Plea  be  jileaded  to  the  Jurlfdiftion,  which  is 
found  agarnfl  the  Defendant  by  Verdiff,  this  is  pcr- 
remptory.' 

'  In  the  Difctiflion  of  this  Point,  I  decline  thefe 
Qudlions. 

*  I.  If  the  Matter  be  voted  in  Parliament,  whftn 
it  is  finifbed,  whether  it  can  be  puniflied  and  exa- 
mined in  aiiotherCourt^ 

'  2.  If  the  Matter  be  commenced  in  Parliament, 
and  that  encfed,  if  afterward  it  may  bequeftioned  ip 
another  Court  i 

*  I  queftion  not  thefe  Matters,  but  I  hold.  That 
an  Offence  committed,  criminally,  in  Parliament, 
may  be  qucftloned  elfewhere,  as  in  this  Court ;  and 
that  for  thefe  Reafons : 

'  Ficft,  ^uia  imerejl  Reipublucs,  ut  Maltficia  mn 
majieant  impituite ;  and  there  ought  to  be  a  freOl 
Punifhment  of  them.  Parliaments  are  called  at  the 
Kiiu^'s  Pleafure,  and  the  King  is  not  compellable' 
to  call  his  Parliament ;  and  if,  before  the  next  Pat' 
liament,  the  Party  offending,  or  the  Witnefles  diei 
then  there  will  be  a  Failure  of  Juftice. 

'  Secondly,  The  Parliament  is  no  conftant  CoitrtJ 
every  Parliament  moftty  confifls  of  feveral  Mc^'- 
and,  by  Conftquence,  they  cannot  take  Notice  tef 
Matters  done  in  the  foregoing  Parliament;  and  there 
they  do  not  examine  by  Oath,  unlefe  it  be  in  Chan- 
cery, as  it  is  ufed  of  late  Time. 

*  Thirdly,  The  Parliament  cannot  fend  Procefi 
to  make  the  Offenders  to  appear  at  the  next  Parlia- 
ment; and  being  at  large,  if  they  hear  a  Noifeofa 
Parliament,  tbey  v/\\\  fugam  faeere,  and  fo  prevent 
their  Punilhment. 

•  Fourthly,  Put  tlie  Cafe  that  one  of  the  Defend- 
ants be  made  a  Barou  of  ParlJanicnlj  then  he  cannot  ■ 

be 


h  of  Commons ;  and  fo  he  Ab-'S-  CfcrfMt 


ihall  go  unptuvllieii' 


.^l^llffmCeuTl  ■  to  {his,  therefore    this  C3«rh:ttatt  m 

.^H^ifemint  thtlr  P^acttding!.                          .I'-'M  m 

i»M>-'i.                                                         ■■■■  '*  I 

,4ii.To  this-Ifay,  That  this  Court  of  the  Ainjit  J 

Bmch  is  a  higher  Court  than  the  Juftiqes  of  Oy«  I 

iiu]  Terminer,  or  the  JuHiceso*  Afliae;  But  if  an  I 

Oflence  be  done  where  the  Kiiifi  Bench  is,  oner  Uf  1 

is  removed,  this  QAence  jnay  be  examined  by  the  I 

Juftjces  of  Oyer  and  Terminer,  or  by.  thejulticea  I 

of  Aflize.     We  cannot  quciliwn  the  Judgmenw.oC  ..J 

Patliaments,  but  their  particuUi' Oiltiiices.  i     ■-  '  t  I 

.'-It  ..<»'  J 

*  A  fecond  Objeflion  is.  That  ii  is  a  Privily  afi  ■ 

Parlta/iieat,  vjhereof  we  ere  not  compelunt  Judges.  .  \ 

'  To  this  I  fay.   That  Privilegium  tfl  privatat  I 

Lex,l^ privat  Legem.  And  this  ought  to  be  t^Granti  I 

or.Prefcription,  in  Parliament  ^  and  then  it  ought  I 

to  be  pleaded  for  the  Manner,  as  ts  in  ^3  H.  S4  I 

(Djer)  as  it  is  not  herepltaJt-ti.  Alfo,.  weare  Judge^r  J 

-.ofall,A£U  ofPatliamenti  as  4//.  7.     Ordinance  I 

m^deby  the  King  and  Commons  is  notgood,  andwe:  I 

are  Judges  what  {hailirefaid  a  Sirffionof  Pariianient,'  I 

as  it  is  in  Plowmen,  iaPartridge  s  Cafe.  We  are  Judges'  ■ 

of'  their  Li^es  and  Lands,  tlicreforc  of  their  Liber-  I 

ii^..Ap(l>$  £^'^  (which  was  eited  by  Mr.  Attorney  |>  I 

it-was  the  Opinion  of  Dyer,  Cutlyn,  IVilfii^  Brewa^^  ■ 

aivt;  $euthail,  Juftices,  *  Ibat  Offiwes  emmitted  ial  J 

P^Uamfnt  may  bt  putiijhed  out  :f  Parliamtnt\     Andij  M 

.3  Ed.  5.  19.  it  is  good  Law.     Aiid  it  is  ufuai,.ne^  ,  ■ 

the,  £ud  of  Parliaments,  to  fet  dawn  foaie  peic/  1 

Punifbmcnt  upon  OSenders  inPariiamen;,  to  pre- r  I 

.veiK^other  Courts.    Andl  liave  feen  a  Roll  in  ihisn  J 

Court,  in  6  H.  6.  where  Judgment  was  given  in  a;  ■ 

Writ  of  Annuity  in  Ireland  ;  and  afterward  the  faylj  I 

Judgment  was  reverfed  ia  Purltainent  in  helandi  I 
u^n  which  Judgment  Writ  of  Error. was  farou^CL  1 
'i{Li|MS  Court,  andreverfcd.* 


j84  fti  P'rHamniaifUiST&tiY 


HiJr,  Chief  Jufiice  ar^ed  to  tho  fiune  I 

f-  *  No  new  Matter  hath  been  offered  to  us,  now,'1_ 
them  that  argue  for  the  Defendants ;  but  iheHS^' 
Reafom  and  Authorities,  in  Subftance,  whtdiwen 
objeiSet!  before  ail  the  Juftices  of  Eng/md,  and  Bar- 
ons of  the  Bxcbtpur,  at  Strjeanfs-  Im'in  FUet-Strtfti 
Upon  an  Inibrmation,  in  the  Siar-chamhr',  for  the 
feme  Matter.  At  w^iich  Time,  after  great  Delibe- 
ration, it  wai  rcfolved  by  all  of  them,  Thtt  an  Of- 
fence eanmitted  in  Parliament,  that  being  ended,  may 
he  fwijhe4  wl  of  Parliament :  And  no  Court  more 
apt  foe  that  Purpofc  than  this  Court,  in  which  we 
are;  for  it  cannot  be  punifhed  in  a  future  Parlia- 
ment, becaufe  that  cannot  take  Notice  of  Matters 
done  in  a  foregoing  Parliament. 

*  As  to  what  was  faid,  '  7'hat  an  inferior  Csurt 
(annul  meddlewilh  Mattert  dene  in  a  fuprrior ;  True 
it  is,  that  an  inferior  Court  cannot  meddle  with 
Judgments  of  a  fuperior  Court;  but  if  particular 
Membersof  a  fuperior  Court  offend,  they  areoft- 
times  punifhabJe  in  an  inferior  Court :  As,  if  « 
Judge  (hall  commit  a  capita!  Offence  in  thisCour^ 
he  may  be  arraigned  thereof  at  Netogaie.  3  £.  J 
19.  and  I  Mar.  which  have  been  cited,  over-nik 
this  Cafe,   Therefore,  tfc. 

/if^/7/i(i-ie  accordingly.   *  I  fay  in  this  Cafe, 

*  I .  Nihil  diiiiim  quad  nen  diilum  fifins. 

*  2.  That  all  the  Judges  of  Eniknd  hare  refotr- 
ed  this  very  Point. 

'  3.That  now  we  are  but  upon  the  Brink  andSkim 
oftheCaufe;  for  it  is  not  now  in  queOion,  iftbcfe 
be  Offences  or  no ;  or,  if  true  or  falfe ;  but  only  if 
this  Ceuit  have  Juriftii^tton. 

*Itiiathbeenobjeiaed,  7J/»(  theOfenec  i!  ntfea- 
piial,  therefore  it  is  not  cxaminahU  in  this  Cmrt.  Bill 
though  it  be  not  capital,  yet  it  it  criminal  j  for  it  is 
fowing  of  Sedition  to  the  Deftrudtion  <)f  the  Cont* 
mon-wealth. 

«TI* 


mm 


} 


0/    E  N  G  I,  AN  D.     j% 

'  The  Queflion,  now,  is  nol  between  us,  iha;  are  An,  5.^it(f 
f  Judges  of  this  Court,  and  rhe  PaHiamenf,  or  ftefween        1629. 
.Ihe  iiinR  Hiid.ilic  Pirliamciitj  but  heiwveti  ftxne 
iprivate  Members  Of  the  HuUle  of  Commons  and  "  "  '' 

tlieKingbiajliU':  For  here  the  King  hioi feif  qitef- 
tions  them  for  ihofe  Oflences ;  aswdlhem^y.  In 
ever/  Common- Wealth  there  is  one  luper-emincnt 
Hower,  which  is  not  fubjedtobeijucllionedbyany 
other;  and  thatis  the  K-ingiii  this  Common' Wealth  j 
who,  as  Bra^tiJt  iaiihg  Salum  Dtvm  i>ai>*i  VUsrsm : 
Eyi  no  other,  within  the  Realm,  bath  this  Privi- 
lege. Ii  is  true,  that  thai  which  is  done  in  Paili- 
amerjr,  by  Confent  of  all  the  Houfe,  fliall  not  be 
qu^itbned  elfewhere ;  But  if  any  private  Members, 
e'xeunc P'erfinas  "Judimni,  is' induunt  Makfmsniium. 
Perfinai,  is"  fiintfeijthfx ;  is  there  fuch  Sanftimo- 
ny  in  the  Place,  that  ihey  may  not  be  queftioned 
for  it  eifcwhere  ? 

,  '  The  Bifhop  of  Syi,  as  the  Cafe  hath  been  put, 
being  Ambaflador  here,  prailifed  Matters  againlt 
the  State:  And  it  was  relblved,  That  although 
Legatusfit  Rex  in  alieno  Solo,  yet  when  he  goes  due 
of  the  Bounds  of  his  Ofhce,  and  complots  with 
Traitors  in  this  Kingdom,  that  he  (hall  be  punifhed 
as  an  Offender  here.  A  Miniftcr  hath  a  great  Pri- 
vilege when  he  is  in  the  Pulpit;  but  yet  if,  in  the 
Pulpit,  he  utter  Speeches  which  ate  IcandaloLis  to 
the  Stale,  he  is  pupifhsble.  So  in  this  Cafe,  when 
a  Buroefsof  Parliament  becomes  mutinous,  he  (hall 
not  have  the  Privilege  of  Parliament.  In  my  Opi- 
nion, the  Realm  cannot  confift  without  Parlia- 
ments, but  the  Behaviour  of  Pail  lament- 1^1  en  ought' 
tobe  parliamentary.  No  outrageous  Speeches  were 
ever  uledagainft  a  great  Minifler  of  State -in  Par- 
Jiament,  which  have  not  been  punifhcd  l(  a  Judjfc 
of  this  Court  utter  fcandalous  Speeches  Jgainft  the 
Stale,  he  may  be  quellinned  for  ihem  before  Com- 
mi^oners  of  Oyer  and  Ttrmiatr ;  becaufe  ihie  is  no 
jlJdicial  A(i  of  the  Court. 

,  *  But  it  liatb  been  objatted  :  Tha:  vji  cannot  *«»-  ■ 
n:ini  Atli  doKc  b\  a  hsM:  ?<iv.tr.  1"o  ihw  i.  put 
,.y.ouViI!.  Bl>  ihia 


5^  Th/¥/^lihm^t^'ilikr6'^Y 

mUhisCafc:  When  3  Peer  oFihe  Realm  is  arrsigtieJ 
of  Trciron,  wcare  not  his  Jiirfgcs,  but  The  Bigh- 
Srewaid  j  and  he  Ihall  be  tried  by  his  Peers  ;  Batif 
Error  fee  totntnitted  in  lh'«  Procteoing,  (hal  (hall 
be  reverfcd  by  Krror  in  this  Court :  For  Oiai  wliidi 
ve  do  is  CTTttm  ipfi  'Ri^'- 

■•It  ^3lll  been  ohjedled.  That  the  ParliatfuU-' 
Va'o  difffnfrani  tht Lmif  hyvjhkb^tjudgty  ialbiH 
Criurt,  lifimdry  Cafet.  And  for  the  InftatlC*  wMdH 
li«h  tWtfn  made,  'il^at.  by  the  Statute,  nmetugbt-it 
hfchiltn  Burgefi  of  a  7nvrt  in  which  he  doih  nat  oc 
hS:t\  but  that  the  VJagiefPartiament  h  (OMirary: 
YetilinfOrmalton  be  brought  upon  the  laid  Statute 
airainft  Inch  a  Burgels,  1  think  the  Statute  is  a  go«i 
Warrstif  for  us  to  give  Judgment  againft  him. 

*  And  it  haih  been  objefted.  That  there  is  no  Pre- 
ttiknt  in  this  Matter.  Bur  ihereare  fundry  Prece- 
dents, bywhtcli  it  appears,  that  the  Parliametilhaih 
'ranfinittcd  Matters  10  ihis  Court;  as  z.  Riih.  il. 
there  being  a  Qucition  between  a  great  Peer  and  a 
Riihop,  it  was  iranfmitted  to  tli'is  Court,  being  for 
Mailer  of  Behaviour:  And  although  the  Judges  of 
ihis  Court  arc  but  infcriour  Men,  yet  the  Court  in 
higher;  for  it  appears,  by  ihe  ii.  EHz.  (Dyer) 
Thar  the  Karl  iMjtfhal  of  ErtgUnd  is  an  Officer  of 
ihis  Court;  and  it  isalwaysadmiited  in  Parliamem, 
That  ihe  Privileges  of  Parliament  hold  not  in  three' 
Cafes,  TO  wit,  Firft,  In  ea/e  sf  Treafon  ;  SeCondlv, 
htafeifFihiiy,  and.  Thirdly,  InSmtforthfPmt. 
And  the  hft  is  our  very  Cafe.     Therefore,  is'i, 

Mr.  Juftiee  Cro^h  argued  to  the  fame  Intent,  he' 
laiJi  '  Thefe  OfFEnccs  ought  to  be  puniOied  it)  xY,\i 
Courr,  01-  no  where;  and  all  Manner  of  OtieiYces, 
whichare  againft  the  Crown.arc  examinable  iti'  this 
Court. 

"  -'  It  hith  been  objefled,  That  by  this  MeamyMit 
xcifl'  advtiiturc  to  make  bii  Cwiphnnts  in  ParliJtrtOit. 
ITiacis'not  lb;  for^htf  msij  complain  in  a  pflflla- 
mrntary  CouilV,  but  not  lahely  and  unlawfully, "ai 
hhr  Is  prelcnded ;  for  ih:it  which  ii  unlawful  c«h- 
fiiM  be  apailiaiiieiitarv  Courfc. 


-^ji^ 


•   Of  E.N,.p,j:,...A.Na, .  ^%7 . 

« It  hath  been  objefled,  ,7&?/  tbe^fn^liament  /iAn.5.Chariesi, 
a  higher  Court  than  this.    And  it  is  true :  But  every       ^^^" 
Member  of  Parliamtnt  is  not  a  Court;  and  if. he 
commit  Offence,  he  is^punifhabl^. here.  Our  Court 
is  a  Court  of^igh  Jurifdidion,  tho'  it  cannot  take 
Cognizance  of  real  Pleas ;  but  if  a  real  Plea  comes 
by  Error  in  this  Court,  it  fhaUnev.erbe  tranCtnitted. 
But  this  Court  may  award  zGrand  Capias,  and  other    . 
Procefsufual  in  real  Adions:  But  of  all  capital  and 
CfiminalCaufes  we  are,  originally ^competentjudges; 
and,  by  Conlequence,  of  this  Matter.     But  I  am 
not  of  the  Opinion  of  Mr,  Attorney  General,  That 
the  Word  Proditore  would  have  made  this  Trea- 
fon/ 

And  for  the  other  Matters,  Mr.  Juftice  Crook 
Agreed  with  the  other  Judges.  Therefore  by  the 
Court,  the  Defendants  were  ruled  to  plead  further ; 
and  Mr,  Unthaly  of  Lincoln's- Imy  was  afEgned  of 
Council  for  them- 

-    But,  inafmuch  as  the  Defendants  would  not  put 
in  other  Plea,  on  the  laft  Day  of  the  Term  Judg- 
ment was  given  againft  them  upon  a  Nihil  dicit ; 
which  Judgment  was  pronounced  by  Mr.  Juftice 
Jones^  to  this  Efted : 
*  The  Matter  of  the  Information  now,  by  the  The  judgment 
Coftfcffion  of  the  Defendants,'  is  admitted  to  beP«*"0"n«.<*  ^r 
true;  and  we  think  their  Plea  to  the  Jurifdidliohjoncg. 
infufficient  for  the  Matter  and  Manner  of  it. 
-And  we  hereby  will  not  draw  the  true  Liberties 
of  Parliament 'Men  into  queftion;  to  wit^  for 
fuch  Matters  which  they  do  or  fpeafc  in  a  parlia- 
mentary Manner  :    But,  in  this  Cafe,  there  wa» 
a  Coofpiracy  between  the  Defendants  to  flander 
the  State,  and  to  rai(e  Sedition  and  Difcord  be- 
tween the  King,  his  Peers,  and  People ;  and  this 
was  not  a  parliamentary  Courfe.     AH  the  Judges 
•  of  England^  except  one,  have  refolved  the  Sta- 
tute of  4.  Henry  VIII.  to  be  a  private  Aft,  and 
to  extend  to  Stroud  only.   But,  tho'  every  Meni- 
:ber  of  the  Parliament  fhall  have  fuch  Privileges 
as  are  there  mentioned,  yet  they  have  no  Privi-  ' 

lege  to  fpeak  at  their  Pleafure,    The  Parliament 

B  b  2  Ms 


388    The  Vartiamentary  His*5Kr 


An.  5.  Charles  J.*  IS  an  high  Court,  therefore  it  ought  not  to  be  dtf- 
'629-        *  orderly,  but  ought  to  give  good  Example  10  oilhcr 

*  Courts.     If  a  Judge  of  our  Court  fliaU-raU  at 

*  the  State  or  Clergy,  he  is  punifliablc  Yor  it.-   A 

*  Member  of  the  Parliament  may  cha«){e  any  gfcat 

*  Officer  of  the  State  with  any  particular  Ofience  % 
^  but  this  was  a  malevoloUs  Accufation,  in  theGc- 

*  nerality,  againft  all  the  Officers  of  State;  tbere- 

*  foru  the  Matter  contained  within  the  Inforfdatioa 
'  is  a  great  Offence,  and  punifhable  in  this  Court. 

*  P^or  the  Punifhment,  although  the  Offdicxi  be 
'  p.reat,  yet  that  (hall  be  with  a  light  Halid|  aad 

*  (hall  he  in  this  Manner : 

1 .  7bat  every  of  the  Defendants  Jhall  be  'wiprlfrnd 
during  the  King's  Pleafure :  Sir  John  Elliot  to  be 
iwprfoned  in  the  Tower  of  London,  and  the  otter 
Defendants  in  other  Prfons.  '"■ 

a.  That  none  of  thern /ball  be  delivered  mt§fPri^ 
Jon  J  untill  he  give  Security  in  this  Court  for  hisg^ti 
£ehavicur\  and  have  made  Submijfion  and  jfchtotV'- 
hdgement  cfhis  Offence, 

3.  5/V  John  Elliot,  in af much  as  we  think  bimfbi 
great ejt  Offendei\  and  the  Ringleader^  (hall  petfto 
the  King  a  Fine  of  2000 1.  and  Mr*  Holliis  aUhe 
cf  rooo  Marks :  And  Mr,  Valentine,  becauje  he'ii 
ofkfs  Ability  than  the  refl^  flyall pay  a  Fine  ^500!. 

And  to  all  this  all  the  other  Juftices,*with'itoc 
Voice,  accorded.    " 

Thus  the  Judges,  who,  in  the  Cafe  of  Sif  IM* 
ley  Digges  nnd  Sir  John  EViot^  before- mentidfifd, 
give  it  as  their  Opinion,  *  That  the  Rellraiftit'of 

*  rhofc  two  Members  was  equal  to  a  Reftfairttof 

*  the  whole  Houfe  \    now  found  it  better 'LaW' to 
fey  other  wife  (tf).  ,  '-  ■ 

Some  of  thefe  Gentlemen  died  in  Prifon,  becaufe 
they  would  not  pay  the.  Fine ;  others,  not  abbto 
pay  it,  on  their  Petirions,  Submiflion,  4nd  Conditioii 
not  to  come  nearer  the  Court  than  fen  Mifes,^iilid 
giving  a  Bond  of  2000 1.  for  their  good  Behavicior, 
were  rcleafed.     Amongft  which  was  Mr.  Streud-^ 

a  younger 


.  ,0/:.  EN  G.I,  AN- IX-    .58^ 

a  younger  Son  of  Sk  John  Stroud,  then  living  ;An-5'^P»»»'-l"^ 
yirhofe  buflferings,  npw,  were  afterwards  arpply  re-       '  *^' 
warded. 

Soon  after  this.  Parliament  was  diflblved,  his  Ma- 
jcfty  underftanding.  That  fevcral -Members  of  the 
Houfc  of  Comnion^  had,  induftrioufly,  fpread  it 
about,  in  different  Parts  of  the  Kingdom ;  *  That 
he  was  for  deftroying  the  Liberties,  of  the  People, 
by  taking  TCunnagi  and  Poundage  without  Con- 
fent  of  Parliament ;  that  Trade  w;^s  quite  mined 
^  and  gone  j  and  Religbn  in  Danger  :'  The  King* 
fet  forth  another  Proclamation  j  with  which  we 
fhall  take  a  final  Leave  of  this  Parliament  {b). 

By   the    KING. 
nrHAT,  notwithjianding  his  Majejifs  late  Decla-'T^^  King^Pro- 
I    ration   forfatisfyingtbeM^^^^^  e^l^l^f 

his  loving  Suoj£^S9  jome  tll-dijpofed  Perjom  do  fpreadscz, 
falfe  and permdous  Rumours  abroad;  as  ifthefian- 

'  dakus  andfedltiom  Propoftlion^  in  the  Houfe  of  Com- 
monSy  tumultuoujly  taken  by  fome  few^  yter  that  by 
his  Majeflys  Royal  Authority  he  had  commanded  their 
Jdiournmenti  h^d  been  the  Vo'ce  of  the  ivkok  Houfi, 

•  whereas  the  contrary  is  the  Truth,  Which  Propop.tion, 
was  a  Jhing  of  a  moil  wicked  and  dangerous  Confe* 
pie  nee  to  the  good  Eft  ate  of  this  Kingdom  ;  and  it 
dbpearetb  to^be  fo^  by  thofe  Impreffions  which  this  falfe 
Rumour  hath  made  in  Men^s  Minds ;  whereby^  out  of 
iuufekfs  Fears ^  the  Trade  of  this  Kingdom  is  di/iurbed^ 
and  Merchants  difcouraged  to  continue  their  Traffick. 
His  Majefly.  hath  thought  it  expedient^  not  only  to  ^ 

.  mmifeji  the  Truth  thereof^  but  to  make  known  his 
RsyCiPleafurey  That  thofe^  who  raife  or  liourijh  falfe 
Report i,^  Jhallhe fever elypunifhed ;  andfucb  as  chear- 
fully  go  on  with  their  Trades^  fhall  have  all  good  En- 
couragtment ;  not  purpofmg  to  overcharge  his  Subje^s 
by  any  new  Bur  Jens ;  but  tojatis/y  him felf  with  thofe 
Duties  that  were  received  by  the  King  his  Father^  of 

.  ihj/id  Memory^  winch  his  now  Majefly  neither  can 
nor  Will  difpence  withal,     And^  whereas  ^  for  feveral 

Bb3     '  ;// 

{h)  Frankly n^t  AnnaU»   p*  l^i.    This  PrccUmidon  is  not  ii> 

JLi4^nuortb,  '  #  '  ■ 


3po    T7)eTarliamefttary  HiSTxiKT 

A:.  5.rhaTi«i  HI  Ends^  the  Calling  again  cf  a  Parlianunt  ii  £' 
JU2.J.       z^ul^eJ  ;  kowfecver  kis  Majejiy  hath  Jhewed^  ig  Bis 

frequent  iXheting  with  his  People^  his  Love  to  tbe 
life  of  Parliaments ;  yet^  this  late  Abujct  having, 

for  the  prejenty  driven  his  Majejiy ^  unwillingly^  olit 
cf  that  Courfc ;  he  faall  account  it  Prefuniption  fyr 
any  to  prefcrite  any  Time  to  his  Majejiy  for  Partia' 
ments ;  the  Callings  Continuing^  and  Ui^ffolving  of 
them  being  always  in  the  King^s  own  Poiuer,  jtni^ 
his  Mtijejly /I)all  be  more  inclinable  to  meet  in  ParRa- 
inentagain^  when  kis  People  Jhallfe^  more  clearly  vit9 
lis  Intents  and  A£iiQm\  when  fuch  as  have  bred  this 
Interruption  /tail  rece've  their  condign  Vunijhm'eht'^ 
ivid  ihfe  that  are  mijled  by  them^  and  fuch  ill  Re^ 

.  ports  as  are  rafed  upon  this  Occafon^  Jball  come  to 
a  better  Underfandlng  cfhis  Majejiy  and  themfelves. 

A  Review  of  tiie    Thus  ended  the  third  Parliament  of  KingCA^^rZfjL 
moll  remarkable  and  In  the  lame  Manner  with  the  two  former  ;  the 
^omlhl^Siroiu-^^^'  as  has  been  faid,  being  diffolved  by  the  Influ- 
tion  oAhe  i»ar-  cnce  of  the  Duke  of  Buckingham^  and  the  laft  i^j  the 
liamenr,  1628,  Lotd  TTesi(i)rer  ff^e/lon.    TheCharafterofthi^Mi- 
o/th^^M^^'"^  niftcr,  and  of  others  concerned  in  thefe  Times,  we 
leave  to  the  defcriptional  Pen  of  the  noble  Hiftoji- 
an :  The  Defign  of  thefe  Enquiries,  not  being  to 
enter  into  fuch  Perfonalities ;  unlefs,  we  fipd  fomc 
Minifter  of  Stare,  drawn  to  our  Hands,   in  fornc 
particular  Speech  made  in  Parliament. 

IVkitbcke  tells  us.  That,  foon  after  the  Diflbju-' 
tion  of  this  Pailiament,  the  King  took  a  Courfe  to 
gain  the  moft  eminent  Members,  that  had  been  a- 
gainft  hira,  to  become  of  his  Party,  arid  to  do  him 
Service.  Accordingly  Sir  Dudley  D'-ggs  was  made 
Mailer  of  the  Rolls,  Mr.  Noy^  Attorney- General, 
and  Mr.  Littletcjiy  Sollicitor. 

Wc  havo  nov/  a  long  Series  of  Years  to  run 
(jYlt,  wiih'jut  the  Icall  Mention  of  a  Pailijuient  j 
the  King  and  his  Council  being  rdblved  to  ufc  their 
union:  EiTorts  in  fupporiin^  theStaic,  without  the 
ATillmceof  that  other  great  iManch  of  l^>-^'['h  Le- 
i^^iilaiurc.    Lord  Cl^re^idon  oblcrvcr,  *  Th.ii  (heun- 

h.ippv 


Of   E  N  Q  L  A  N  p.     35>i 

*  ■  ... 

happy  Aflaults,  made  upon  the  Prerogative,  had  An.  5.  chariw  i. 
producled  the  untimely  Diflblutfon  of  the  laft";  and  *^*?' 
the  "King  was  relblved,  now,  to  try  if  he  could  not 
give  his  People  a  Tafteof  Happinefs,  and  let  them 
fee  the  Equity  of  his  Government  in  a  fingle  State.' 
To  this  End,  by  the  Advice  of  his  Council,  the 
King  firft  made  a  firm  Peace  with  both  the  Crowns 
of  France  and  Spain^  upon  better  Terms  and  Con-  v 

editions  than  could  reafonably  have  been  hoped  for  ; 
cfpecially,  when  tbefe  two' Powers  mull  know  that 
the  Sinews  of  War  were  wanting,  in  the  Englijh 
Miniftry,  to  carry  it  on.  Being  fecured  in  that 
grand  Point,  rtiany  Projeds  were  fet  on  Foot  to 
fupportthe  State ;  which,  in  a  free  Country,  mull 
ever  be  termed  illegal.  Supplemental  Afts  of  State 
were  made  to  fupply  Defeft  of  Lawsi  Tunnage 
and  Poundage^  denied  by  Parliament,  and  other 
Duties  upon  Merchandizes,  were  coljedled  by  Or- 
der of  the  Board  5  and  new,  and  greater,  Fmpofi- 
tions  laid  upon  Trade.  Obfolete  Laws  were  re- 
vived, and  rigoroufly  executed  ;  *  By  which,  fays 
the  Noble  Hiftorian,  the  Subjeft  might  be  taught 
how  unthrifty  a  Thing  it  was,  by  too  ftrift  a  De-  "  \ 

taining  of  what  was  his,  to  put  the  King,  as  ftridl- 
.iy,  to'  enquire  what  was  really  his  own  (r)-'  ' 

.    ^For  this  Purpofe,  the  aittient  Law  of  Knighthood    Anno  1630. 
was  revived  ;  by  which  a  great  Sum  of  Money  was 
received "  from  Men  of  filiates  liable  to  this  Fine  ; 
'hut^  though,  in  it^s  Foundation,  it  was  right,  yet 
jhc  Circumftances  in  Proceeding,  this  Way,  were 
".thought  very  grievous.     Many  other  Projefts  were 
'let  on  Foot,  fpme  ridiculous  and  fome-  fcandalous, 
fays  Clarendon^  but  all  very  grievous ;  the  Envy  and 
'  Reproach  of  which  came  to  the  King,  the  Profit.to 
other'Men.     Infomuch,  as  the  aforefaid  Hjftbrian 
averrs,  that  of  200,000!.  drawn  from  the  Subjeft 
.  by.thefe  Waysv  in  one  Year,  iicarce  1500 1.  carne 
to  tlie  King's  Ufc  or  Account.     To  rccompcnfe 
the  Damage  the  Crown  had  fuftained  by  the  S:ile  of 
the  old  L^nds  and  the  Grants  of  new  Penfions,  the 
old  Fcrcil  Laws  were  revived  j  h\;  ^vhich,  noton- 

(c;  Clarendon  VcL  1.  p.  53.  fol  Ti\t, 


k  10  Cu.Lly great  Fines vrcieioipofcd,  but  great  anouatjl 
''^'*|-       iatendcd,  and  like  to  be  fculed  by  Way  oft 

Itaft.     This  Buntien  fell,  mollly,  on  i^eifoDBj 

Qiia'iiy  and  'ai'^5  Eftates,  who  thought  themfelvi 
above  ordinary  Oppteffiotis;  and  were,  theieioq 
the  more  likely  lo  remember  it  with  ffiiteineji.  . 
But  the  mo'ft  notorious  of  all  thefe  Imjufitioil 
and  ihc  r.-iol\  remarkable,  in  the  HiAories  of  thjj 
Times,  was  the  Affair  of  Ship-Mo'iey.  it  i^«4'M 
Iiave  been  firft  projcfled,  in  the  Year  1 654»  by  tbi 
then,  Atiorrey-GcrietalNs)';  who  died.foon^M 
and  left  this  Legacy ;  whi>^h,  aflerwaidf  praff! 
.  the  greatell  Make-bate,  (hat  ever  yet  happeu 
between  Prince  and  People.  It  wasdefigoed.  at  fifj 
like  our  Sinihig  Fund,  as  an  inexhauftJbie  Spring^ 
or  Magazine,  that  fliould  have  no  Bottom  t  and 
tor  an  cv'ethfling  Supply,  on  aJl  Occafions.  To 
this  End,  a  Writ  w^drawa  in  Korinof  I^w»  ati<i 
diffoSed  to  the  Sheriff  of  every  Coun;y  in  Er/git^" 

*  To  provide  a  Ship  of  War  for  the  King's  Scrvici. 
'  and  10  fend  it,  amply  ftorcd  and  fitted  up^  j 
'  fuch  a  Day,  la  fuch  a  Place-'  And,  with  itR 
Writ,  Were  lent  Infttudions  to  each  Sherift", '  Tbs 

*  inrteadofaShip,  helhouldlevy  upon  his  C 
'  fuch  a  Sum  of  Money,  and  return  tho  laoie  tl 
'  the  Trcnfurer  of  Uie  Navy  for  his  Majefty^a  Ufij 
'  with  Direftion  in  wliat  Manner  he  ihould  prg 

*  ceedaKainftfuthasrerufcd.*   By  ihisWay,alonn 
theyearl}'  Sum  of  loo^oool.  accrued  to  theKingV^ 
Cotters ;  but,  tho'  the  Receipt  of  it  was  levied,  re- ". 
gularly,  for  four  Years  together,  yet  it  was,  at  . 
laft,  put  a  Slop  10,  by  one  private  Gcntleman'a 
Refufal  to  pay  twenty  or  thirty  Shillings  as  his  Share. 
Tills  (jccalioned  a  L^w  Suit»  between  tiie  King  and 
yebn  Hambiien,  El'q;  which  was,  publickly  anil  fo-  . 
lemnfy,  argued,  in  ihe£;f(*fy«r-C/;flm.''#;-,beforeaU 
the  /iidges  Ui  EngUnd  :   Of  whom  ten  gave  their  ■ 
Opinions  for  ihe  King's  Right  to  impofe,  and  lh>^ 
Lcg,il,iy  of  this  Tax  i  but,  as  Lord  C^reniisii  a- 
gain  obferves,  the  Jijjigmert  proved  of  more  Credit 
and  Advann^e  to  tlie  GcDlicman  condemned,  than 
id  the  Kings-  Set  vice. 

'  ■  ■      '  .    ■flut.j 


-  '  Of   E  N  G  LA  N  D.     S93 

But;  as  ^U  thefe  Taxes  and  Impb&tionsa  as  well  Afli  tuCu.  i. 
as  the  Perfons  concernedin  advifing  of  them,  will  he  •  '•s^* 
more  largely  treated  on,  in  the  Proceedings  ^f  the 
next  Parliament,  We  feall  wave  any.  further  Dif- 
quiiiHon  of  them  here.  We  have,,  chiefly,  followed 
the -Noble  Hiftorian,  in  the  preceedihg  Account ; 
and  furt,  he  fays,  he  cantaot  be  accuied  of  much 
Ffettery  in  the  InquifiticSn.  Howeyer,  he  add^, 
•  Thefe  Errors  in  Government  were  not  to  be  im* 
puted  to  the  Court,  at  that  Time,  but  to.  the  Spi* 
fit  and  Over- Aftivity  of  the  Lawyers  of  the  Priyy- 
Council  5  who  (hould,  more  carefully,  have  pre-? 
ferved  their  Profeffion,  and  its  Profeffors,  from  be- 
ing profaned  by  thofe  Services,  which  have  rendered 
both  fo  obnoxious  to  Reproach.' 

And  yet,  notwithftanding  all  th^fe  Exadtions 
looked  fo  formidable,  and  feemed  to  threaten  the 
utter  Ruin  of  the  Kingdom ;  it  is  certain,  by  the 
Tcftimony  of  the  Noble  Hiftorian,  RufiworihKim'^ 
felf,  and  all  other  cotemporary  Hiftorians,  That 
the  Nation  never  was  happier  than  in  thefe  very 
Times :  For,  during  the  whole  Period  that  thefp- 
Prefllires  were  executed,  and  thefe  new.  and  cxtra- 
ordihairy  Ways  were  run ;  that  is,  fropi  the  fourth 
Yeaf  of  this  Reign,  when  the  laft  Parliament  was 
diflblved^  to  the  Calling  of  another,  a  Sequel  of  a- 
bout  twelve  Years,  this  Kingdom,  and  all  the 
Khig's  Dominions,  enjoyed  the  greateft  Calm,  and 
the  fujleft  Meafure  of  Peace  and  Plenty,  that' any 
Peo\)le  in  any  Age,  for  fo  long  a  Time  together, 
eVer  were  blefled  with  ;  to  the  Wonder  and  Eii- 
vy  of  all  oilier  Parts  of  Chrijiendotn  \  and  was  the 
mferc  vifibly  manifcft  in  England^  at  that  Time,  by 
thJe  (harp  and  bloody  Wars  between. the  neighbour-., 
kig  Crowns  of  France  and  Spain  j  and  from  the  uni- 
verfal  Conflagration,  which,  from  the  Irivaficn  of 
the  Swedes^  under  their  fapious  King  Gujlavus  A- 
dolphus^  covered  then  the  whole  German  Empire.    . 

Indeed,  fomc  iitile  Diftuibances happened  in  Srct- 
hanti^  in  the  Yci^V  1637,  by  the  Iniroduftion  of 
the  E^igl'P'^  I  iuirgy  into  tliat  KingdpiTii    The  Doc- 
trine 


3p4   TBeVar'iiarie^aty  RtSTOv^Y 

^ytp-Cti.Utrmt  of  Jt!»'  Knix  had  gained  (o  faft  a  Footing 
•••I'"  rbere,  that  al)  Arclibifhop  Laud's  Injunctions,  ot 
Admonitions,  could  not  remove  it-  The  Sfj/j  be- 
gan to  be  very  tumuhuouf  on  this  Occafion  ;  tliey 
petitioned  the  King  and  Council  agiinft  the  Litur- 
PYi  and,  at  Uft,  entered  into  nfolemn  League  and 
Cfvtaani  to  foppon  their  own  Reformed  Kirk,  To 
quiet  thefe  pcriutljcd  Spirits,  the  Marquifs  of  Ha- 
tnilton  was  fciic  ihc  King's  CommilTioner  into  Sm- 
k/idi  who  had  a  Conference  and  Conlultation  with 
the  Covenanttrs;  and  ihey,  demanding  a  General 
AITembly  of  the  Kirk,  nnd  a  Parhament}  and,  at 
the  fame  Time,  doubling  their  Guards,  the  Mir- 
quifs  thought  himfelf  not  fafe  amongft  ihem  j  but 
retired  to  Dtilinth,  and  fcnt  to  the  King  for  new 
lollrudlions' 

Anao  ifijB.  SoOH  after  ihe  King  confented  to  the  Dcfirea 
of  the  S(OCit  and  allowed  of  both  a  General  A/- 
fembly  of  their  Divines  and  a  Parliament ;  but  yet 
the  CevejiunUrs  were  not  fatisfied  ;  and  the  Mar- 

»  quits  had  many  Journeys,  backwards  and  forwanjs, 

to  fettle  this  Affair.  This  Year,  on  his  Keturn 
to  Edinburgh^  he  futnmoned  a  Council,  to  wboin 
he  delivered  the  King's  Letters,  containing  3  De- 
claration for  nulling  the  Service- Book,  High  Coib- 
miflion,  Canons,  ^c.  An  Aflcmbiy  of  Divines  met 
at  Giafgovjy  agiinft  which  the  Scsii  BJlho)«3  pro- 

ttefted ;  but  it  did  not  (it  long,  being  quickly  dif- 
folved ;  and  the  Matquifs  of  Hamilton  again  re- 
turned for  England. 
The  Earl  of  Argyld  about  this  Time,  joined 
the  Covenanters  j  and  the  Acquifition  of  fo  potent 
a  Lord,  gave  them  fuch  Spirits,  that  they  bpgan 
to  arm  in. all  Paris  5  and  even  foliciced  France,  an 
old  Ally  to  the5i:WjNar.ion,  to  aflill  them,  State- 
Papers  were  difperfed  in  England,  to  vindicate  their 
Attions  and  Intentions,  which  were  lupprefi'ed  by 
PfcicUmition. 
16,  '1'^*^  ^'"S  finding  that  nothing  could  reclaim 

""'  ''  his  nalurarborn  Subjefls  from  this  cnthufiaftic  At- 
tempt, refolved  to  reduce  ihem  by  Force;  and, 
■accordingly,    iMs  Yeai,  inarclicd   «illi  an  Army 


l_ 


0/    E  N  G  L  A  N  D.      39^ 

to  the  Borders,  and  encamped  within  two  Miles  of  An.  15.  Car.  i. 

Berwick^  and  in  View  of  the  Scots  Army.      At        '^39- 

the  fame  Time  the  Marquifs  of  Hamilton  appeared 

with  the  Ehglijh  Navy,  at  the  Mouth  of  th^  Firth 

of  Edinburgh,     Reduced  to  thefe  Straits,  the  Csve- 

nantemY\Qu%\)X  fit  to  capitulate  i  and  the  King  foon 

granted  them  a  Pacification,  oh  .their  Promife  to 

lay  down  their  Arms  and  prove  better  Subjefts  for 

the  future.     Both  the  Armies  were  dilbanded,  and 

the  King  returning  to  London,  the  Scots  feditious 

Papers,  being  difowncd  by  the  C^#;7tf«/#r;,  were 

publirkly  burnt. 

'  But  to  return  nearer  home. 

The  King's  Councils  were  now  faid  to  be  chief- 
ly c:overned  by  Arclibifliop  Laud  and  the  Earl  of 
Strafford ;  Names  that  are  top  well  known  in  Hi- 
ftory  to  need  any  Explanation  here.  The  former 
had  been  introduced  to  Court-by  the  Favour  of  the 
Duke  of  Buckingham  j  made  Bifhop  of  St.  Davids^ 
afterwards  of  London^  and,  laftly,  Archbifhop  of 
Canterbury,  -^'xx  Thomas  Wentworth  has,  already,  • 
made  a  Figure,  iii  thefe  Enquiries,  as  a  private 
Gentleman  and  a  Member  of  the  Houfe  of  Com- 
mons ;  but  is  likely  to  make  a  much  greater  foon, 
under  the  Titles  of  Baron  Tf^entivorth^  Lord- Deputy 
of  Ireland^  and  Earl  of  Strafford.    • 

TTie  late  Expedition  againft  the  Scots  had  greatly. 
impoveriOicd  the  King's  Exchequer ;  and  there  be- 
ing, again,  Reafon  to  fear  another  Infurrcflion  in 
that  Kingdom,  an  Army  was  judged  neceilary  to 
be  raifed  5  but  no  Means  could  be  found  to  fupport 
it,  except  by  the  AffiftaiKe  of  Parliament.  Thofe 
Aflcmblies  had  now  been  difufed  for,  neai,  twelve. 
Years ;  fome  Diforders  in  the  laft,  which  occafi* 
oned  the  Diflblution  of  it,  had  (6  far  difgufted  the 
King  that  he  was  little  inclined  to  call  another  Par- 
liament, till  the  Exigencies  of  State  and  fome  fa- 
vourable Infinuaiions  obtained  it  from  him.  The 
Temper  of  the  Houfe  of  Peers  was  not  to  be  ap- 
prehended ^  and  it  was  believed,  that  the  long  In- 
termi/Tion,  and  ihe  general  Compofure  of  Mcn> 
Minds,    in  a  happy  Peace  and  univeifal  Plenty, 

would 


3^6    r/j«>^rfrA»«ip«lAr^H*sT08.y 

r. would  have  induced  ihe  Narion  to  chufc  fuch  M«n 
for  their  Reprefcntatives,  as  would  not  diftorb  thoft 
two  great  Elcdings  of  Life;  notwiihftanding  the 
Murmurs  of  the  People  againfl  fome  Exorbiu'nces 
of  the  Stale.  Efpecially,  too,  when  the  Kingiiotn 
was  highly  exafper-iTed  jgamft  the  Satr,  for  their 
!a[c  prefumptivc  Invalion  i  it  was  believed  that  a 
Pntllamert  would  exrirefs  a  very  (harp  Senfe  of 
their  Infolencc  and  Carriage  towards  [lie  King,  and 
provide  accordingly  (i^).  < 

Upon  thefe  Motives  and  Reafons,  and  by  jbe 
unanimous  Advice  of  hi?  whole  Council,  the  King 
*vas  induced  to  call  a  Pjrliament  i  and  the  Lord 
Keeper  was  direfted  to  iffuc  out  Writs  for  one  to 
meet  the  r3th  [a]  of  April ;  which  was  in  the 
Year  1640,  and  in  the  loih  of  this  Reign. 

Mr.  Rujbwsrth  hath  giv^n  us  the  Names  of  all 
the  Members  of  the  Houfe  of  Cqmmons,  who  wece 
elefled  to  feive  in  this  ParliameTU  ;  but  this  we 
think  needlefs  to  repeat  here,  fince  they  were  dif- 
folvcd  in  three  Weeks  after  their  firfl  Meeting;  and, 
elpccially,  as  we  deCgn  to  give  an  exa£l  Lift  of  the 
Members  of  the  next,  or  lung  Parliament,  with  all 
the  various  Changes  in  that  Body,  down  to  tl^e 
Relloration :  By  comparing  which,  the.  Readv 
miy  obferve  what  particular  Alterations  there  Were 
made  in  ir,  by  Death,  or  otherwife,  during  a'^Sc- 
ries  of  Twenty  Years.  -    '  ,  ,  '_ 

According  to  ancient  Cuftom,  Proclamation 'Was 
made  in  the  Lobby  of  the  Houfe  of  Commons,  by 
Order  of  the  Lord  Steward,  the  Eai!  of  /frundtly 
That  all  the  Members  (liould  take  the  Oaths  o? 
Allegiance  and  Suprem;icy,  before  him,  of  ijiey 
could  not  take  their  Seats  in  the  Houfe.  He  alfo 
gave  Orders,  Th«  if  there  were  more  retutned 
than  ought  to  he,  none  fiinuld  be  fworrt,  umiH  it 
Ih-jiild  be  decided  by  the  Houie  who  were  duly 
-■      ■    '      ■  eleacd: 


J 


<y -BllS,<J...i.iA.JJ5:Bf     iff 

clewed  1^  And  that  no  Earl's  ddcft  Soa  IhouU  be  Am  >$■  Oi. 
called  by  the  Title  of  Vifcotint,  feff.  ''JS- 

i^riV  13.  The  ihree  Eftates  of  ihe  Realm  beingA  ntw   Pari 
met  in  the  Houfe  of  Lords,  wiib  ihe  ufual  Ceremo.    iiKni_oiirf, 
I  and  Formalities,  the  King  opened  the  Seflion  ^™'^ 


with  a  few  Wotdi  to  this  Effect  (./)  : 


My  Lords  and  GentJetlKDj     ■.,  •■■!-.    ,|.  ,;-.  1 

THsre  never  was  a  Kifig  that' hud  v»-Ww»'^»*a*The  Kinj'i 
and  weighty  Caufe  to  call  his  People  tagethir  than^v^^'^  *t  T""- 
^yfelf:  [  will  mt  trouble  you  with  the  Particulan  ;  ""^  '^'  ^"'"^  * 
/  have  infcrmtd  my  Lord  Keeper,  and  ammandei 
kim  tajpeak  and  defjre  yosr  Attentisn. 

Then  Sir  John  Flmh